JUDGMENT

Elaine Yap Chin Gaik JC:

Introduction

[1] This is a suit filed by a group of 34 purchasers of condominium units ("Parcels") in a project known as "Iskandar Residences" located on freehold land held under Geran No 575060 Lot 194142 Mukim Pulai, Daerah Johor Bahru ("Land") on which the project was developed. The 1st Defendant is the developer and 99-year leaseholder of the Land and the 2nd Defendant is the registered proprietor of the Land.

[2] The Plaintiffs allege that the Defendants did not comply with reg 11 of the Housing Development (Control and Licensing) Regulations 1989 ("HDR") in that they sold the Parcels using sale and purchase agreements ("SPAs") that deviated from the standard form of agreement in Schedule H of the HDR.

[3] The final remedies sought by the Plaintiffs in this action are summarized as follows:

(a) A declaration that the SPAs are to conform to Schedule H

(b) An order that LAD be paid as quantified

(c) An order that the Defendants transfer freehold title to the Parcels to the Plaintiffs.

[4] The Defendants applied to strike out the action on 30 September 2022 and 12 October 2022 respectively. The striking out applications in Encls 30 and 35 only came up for