Elaine Yap Chin Gaik JC:

Introduction

[1] In this action, the Casa Venicia Joint Management Body ("Plaintiff") invoked s 143(2) of the Strata Management Act 2013 (" SMA ") to sue the 1st Defendant ("Developer") on behalf of some or all parcel owners in the strata development, essentially to claim title to land on which the Developer had constructed a clubhouse and facilities ("Clubhouse"), on grounds that the Clubhouse is part of the common property of the strata development.

[2] The problem is that the Developer is the registered proprietor of the Clubhouse land, a fact that the Plaintiff says it was unaware of until 2021. In 2021, the Developer proposed to re-develop the Clubhouse land and build a 33-storey service apartment tower there. This entails demolishing the clubhouse building, a swimming pool, jogging paths and foot bridges over parts of the lake.

Background Facts

[3] The Clubhouse is part of a larger development called Casa Venicia Lakeview Condominium Bukit Idaman, comprising Blocks A, B, C, D, E, F, G (Greenview Condo), H (Greenview Tower), Casa Venicia Tower and Clubhouse, all constructed around a man-made lake ("Development").

[4] The sale and purchase agreeme