JUDGMENT

(After Trial)

Wong Kian Kheong J:

A. Introduction

[1] This judgment concerns a mixed development project in a "development area" [as understood in s 2 of the Building and Common Property (Maintenance and Management) Act 2007 (BCPA)] in Petaling Jaya, Selangor, known as "Centrestage" [Development Area (Centre stage)].

[2] BCPA has now been repealed by the Strata Management Act 2013 ( SMA ) but the material facts in this case arose before the enforcement of . Hence, the application of BCPA in this case.

B. Background

[3] The 1st defendant company (1st Defendant) was:-

(1) the original registered proprietor of two lots of 99 years leasehold land (Lands) held under the following titles:-

(a) PN 101555, Lot 3, s 13, Petaling Jaya Town, Petaling Jaya District, Selangor, measuring approximately 9,289 square metres (sm); and

(b) PN 101556, Lot 72, s 13, Petaling Jaya Town, Petaling Jaya District, Selangor, measuring approximately 5,536 sm.

The Development Area (Centrestage) is situated on the Lands; and

(2) a "developer" (as defined in s 2 BCPA) of the Development Area (Centrestage).

[4] On 24 June 2010, the local authority in this case, Majlis Bandaraya Petaling Jaya (MBPJ), granted "pl