Koh Hong Ngee & 9 Lagi v SKY PARK PROPERTIES SDN BHD

wa-22ncvc-192-03-2021 High Court (Mahkamah Tinggi) 11 January 2026 • WA-22NCvC-192-03/2021

Catchwords

Ten service apartment purchasers in a mixed development project originally claimed LAD, vacant possession, and CCC-related reliefs against their developer. Following a Court of Appeal order setting aside an earlier striking-out order, the plaintiffs substantially amended their claim, abandoning those earlier reliefs and confining it to specific performance for project completion, a declaration to compel strata title steps, and diminution-in-value damages. The High Court determined all questions of law under Order 14A/Order 33 ROC 2012 without trial, finding that the SPAs confined the developer's obligations to each purchaser's individual parcel, strata titles could only be procured after the full CCC for the entire project, and all three amended heads of relief were either legally unsustainable or had become academic following project completion and the defendant's timely CPSP application. Claim dismissed with costs. Order 14A ROC 2012 — amendment of pleadings — mixed development — strata titles — Certificate of Completion and Compliance — Sale and Purchase Agreement — specific performance — diminution in value

Judges (1)

Arziah binti Mohamed Apandi Delivered

Parties (2)

SKY PARK PROPERTIES Sdn Bhd Defendant Koh Hong Ngee Plaintiff

Judgment

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Source: eJudgment (wa-22ncvc-192-03-2021)