JUDGMENT

Eddie Yeo Soon Chye JC:

[Application By Plaintiffs Pursuant To Order 14A Of The Rules Of 2012]

Background

[1] This is an application by the plaintiffs pursuant to O 14A and/or O 92 r 4 of the Rules of 2012 and/or the inherent jurisdiction of this Court for the following orders:

(a) That this Court shall determine the questions of law or construction of documents as annexed in Annexure 1 herein pursuant to O 14A and/or O 92 r 4 of the Rules of 2012 and/or the inherent jurisdiction of this Court ;

(b) That until the determination of the questions of law or construction of documents as annexed in Annexure 1 herein pursuant to O 14A and/or O 92 r 4 of the Rules of 2012 and/or the inherent jurisdiction of this Court , any further proceedings in this civil action are stayed;

(c) That an order for the reliefs pursuant to the plaintiffs' Writ of Summons dated 23 April 2021 at paras (i) to (q) is granted and the Statement of Claim dated 23 April 2021 at paras 96 (i) to (q) is granted, upon this Court 's determination in respect of the questions of law or construction of documents as annexed in Annexure 1 herein in favour of the plaintiffs;

(d) Cost; and

(e) Such further reliefs as deemed fit by this Court .

[2] The brief grounds for this application, amongst others, are as follows:

(a) The filing of this application has been agreed upon by both parties, ie the plaintiffs and defendant.

(b) The plaintiffs had entered into their respective Sale and Purchase Agreements (as Purchasers) with the defendant (as Developer, Vendor and Registered Proprietor) pursuant to Schedule H of the Housing Development (Control and Licensing) Regulations 1989 for the purchase of their respective parcels with vacant possession and common facilities with vacant possession in the housing development project known as "Eko Cheras".

(c) The defendant had obtained the Partial Certificate of Completion and Compliance (Form F1) which was issued by the Architect (Principal Submitting Person), Dato' Sri Ar. John Lau Kah Sieng [LAM Registration No.: A/L 92] on 2 May 2019 for the housing project.

(d) The defendant had issued the Notices of Delivery of Vacant Possession dated 2 May 2019 to the plaintiffs and requested the plaintiffs to take vacant possession of their respective parcels.

(e) The defendant had obtained the Certificate of Completion and Compliance (Form F) which was issued by the Architect (Principal Submitting Person), Dato' Sri Ar. John Lau Kah Sieng [LAM Registration No: A/L 92] on for the housing project 13 September 2019.

(f) However, despite having statutory and contractual obligations, the defendant had failed to:

(i) Apply for the subdivision of building or land within the prescribed time period pursuant to existing legislation, ie the Strata Titles Act 1985;

(ii) Obtain the separate strata titles for the plaintiffs' parcels within the prescribed time period pursuant to existing legislation, ie the Strata Titles Act 1985;

(iii) Execute and forward a valid and registrable Memorandum of Transfer for the said parcels to the plaintiffs within the prescribed time period pursuant to existing legislation, ie the Strata Titles Act 1985;

(iv) Establish a Joint Management Body for the housing project within the prescribed time period pursuant to existing legislation, ie the Strata Management Act 2013; and

(v) Convene the first Annual General Meeting for the Joint Management Body within the prescribed time period pursuant to existing legislation, ie the Strata Management Act 2013.

(g) Due to the defendant's failures as mentioned at para f (i) to (v) above, the plaintiffs are entitled to claim general damages against the defendant.

(h) The further reasons are as contained in the plaintiffs' Affidavit in Support affirmed by Ee Chern Yang on 30 May 2025.

[3] The questions of Law or Construction of Documents as reflected in Annexure 1 are as follows:

(1) Whether the defendant has a statutory and contractual obligation, within the prescribed time period pursuant to exi