{"id":53768,"date":"2026-05-20T06:15:43","date_gmt":"2026-05-19T22:15:43","guid":{"rendered":"https:\/\/sgbuzz.com\/?p=53768"},"modified":"2026-05-20T06:15:43","modified_gmt":"2026-05-19T22:15:43","slug":"condo-owners-allowed-to-take-over-in-suit-against-developer","status":"publish","type":"post","link":"https:\/\/sgbuzz.com\/?p=53768","title":{"rendered":"Condo owners allowed to take over in suit against developer"},"content":{"rendered":"


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A view of the Royal Strand and Lovell condominium towers at Danga Bay in Johor Bahru which is the subject of a dispute between apartment owners and the developers. (File pic)<\/figcaption><\/figure>\n
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JOHOR BARU<\/span>:<\/address>\n

The High Court here has allowed an application by three apartment owners of a top-tier condominium project here to be included as plaintiffs in a suit<\/span><\/a> against the China-owned developer which was originally filed by the joint management body of the residential building.<\/div>\n

The problem arose after the management committee of the Royal Strand & Lovell apartment buildings did not take steps to continue as plaintiffs after replacing the JMB.<\/p>\n

The suit was filed against Country Garden Danga Bay Sdn Bhd in 2023, and alleges that there was shoddy workmanship, use of substandard materials and a range of unrectified defects in two luxury apartment buildings in Danga Bay here.<\/p>\n

The apartment owners said the developer had marketed the property as a high-end, luxurious residential project. However, they claimed some were of sub-standard and poor quality. The owners seek an order compelling the developer to appoint a professional independent engineer to assess the damage and repair all defects.<\/p>\n

The developer opposed the application by the condominium owners to be plaintiffs in the suit, and contended that the management committee was the rightful entity to decide on the continuation of the action.<\/p>\n

However, the three owners from Singapore \u2013 Soh Hup Ling, Ho Chee Kian and Jiang Fang \u2013 said they decided to step in as plaintiffs as they alleged that the MC is now controlled by members who are directly or indirectly linked to the developer.<\/p>\n

\u201cThe MC chairman was the director of Country Garden at the time of the annual meeting, and the members of the committee comprised staff of the developer,\u201d they said, contending there was a conflict of interest if the MC continued to be the plaintiffs.<\/p>\n

In a brief oral judgment on Friday, Judicial Commissioner Budiman Lutfi Mohamed held that there was \u201ca real risk of a conflict of interest\u201d in view of allegations that the MC is controlled by individuals linked to the defendant who may not act in the best interests of the owners.<\/p>\n

He said the the court should not be mechanical in its judgement and should look at the facts of the case in entirety and decide in the interest of justice.<\/p>\n

\u201cThere is real risk of a conflict of interest as there are allegations that the MC is controlled by individuals linked to the defendant who may not act in the best interest. And this cannot be the outcome of justice. Procedural objections should not override substantial justice,\u201d he said .<\/p>\n

NG Vinod and Lim Wilson represented the owners while Leonard Yeo and Chen Mei Yan appeared for the developers.<\/p>\n

Country Garden Danga Bay is part of the China-owned Country Garden group which is developing the Forest City project on four reclaimed islands in the Johor Straits. The price of apartments in the Royal Strand condominium project ranges from RM345,000 to RM3 million each, according to property websites.<\/p>\n<\/div>\n


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