PUTRAJAYA (April 18): The Court of Appeal on Thursday ordered the High Court to hear a suit filed by 10 purchasers of Sky Park @ Cyberjaya, who had only obtained a partial certificate of completion and compliance (CCC) issued by the project’s architect, resulting in them not obtaining a strata title until now.

A three-member bench led by Datuk Che Mohd Ruzima Ghazali allowed the purchasers’ appeal against the High Court’s decision to strike out their suit, and ordered a full trial.

The bench ruled that this was not a suitable case for the suit to be summarily struck off.

Che Mohd Ruzima sat with Datuk Azizul Azmi Adnan and Datuk Ahmad Fairuz Zainol Abidin in making the unanimous decision.

The purchasers’ counsel, Ranjan N Chandran, informed the bench that the developer, Sky Park Properties Sdn Bhd, had only a partial CCC (Form F1) and not a full certificate of completion and compliance (Form F) as required under the Housing Development (Control and Licensing) Act 1966.

Following the failure in the issuance of a full CCC, the purchasers could not procure their strata title as was required of the developer’s obligation under the sales and purchase agreement (SPA).

“No strata title could be issued by the relevant authority with a partial CCC and sectional completion,” said Ranjan, who appeared with Shobah Veera, Jayasri Nadarajan, and Vishnu Varna for the purchasers.

The purchasers filed the suit claiming compensation for loss, in diminution in value of their property purchased following a delay in the strata title issuance.

The High Court’s decision to strike out their suit was unprecedented, since it decided that a partial CCC was permissible since the purchasers had taken vacant possession of their properties, which were in Tower 1 and relied on the Street, Drainage and Building Act, Selangor Uniform Building By-Laws 1986.

However, Ranjan added that this was not consonant with the definition of a CCC in the Housing Development Act and the SPA that expressly precluded a partial CCC.

The SkyPark @ Cyberjaya project consists of six towers, of which one includes a hotel tower which has not been completed.

Lawyers Justin Voon Tiam Yu, Alvin Lai Kok Wing, and Caroline Lim Seah Le represented Sky Park Properties.

Source
https://theedgemalaysia.com/node/752113