Hayatul Akmal Abdul Aziz J:

JUDGMENT

(Enclosure 161)

[1]The first defendant (D1) had, on 02.11.2022, applied to strike out paragraphs 103 to 122 and 141(a) to (d) of the amended Statement of Claim (ASoC) dated 12.07.2021 under O.18 r.19 (1)(b), (c) and/or (d) Rules of Court 2012 (RC 2012)

[2]Enclosure 161 reads:

1.That paragraphs 103 to 122 and 141(a) to (d) of the Amended Statement of Claim dated 12th July 2021 (“ASoC”) be struck-out and dismissed against the 1^st Defendant under Order 18 Rules 19(1)(b), (c) and/ or (d) of the Rules of Court 2012 and/ or the inherent jurisdiction of this Honourable Court.

2.In the alternative, paragraphs 103 to 122 and 141(a) to (d) of the ASoC, insofar as they relate to the 1^st, 2^nd, 3^rd, 5^th, 6^th, 7^th, 8^th, 10^th, 18^th, 19^th, 21^st, 22^nd, 23^rd, 24^th, 25^th, 26^th, 27^th, 29^th, 30^th, 31^st, 34^th, 35^th, 36^th, 37^th, 38^th, 39^th, 40^th, 43^rd, 46^th, 47^th, 51^st, 52^nd, 57^th, 58^th, 59^th, 60^th, 61^st, 62^nd, 63^rd, 64^th, 65^th, 66^th, 68^th, 69^th, 71^st, 72^nd, 76^th, 77^th, 78^th, 81^st, 82^nd, 83^rd, 84^th, 86^th, 87^th, 88^th, 91^st, 94^th, 95^th, 96^th, 97^th, 103^rd, 104^th, 106^th, 107^th, 110^th, 111^th, 112^th, 113^th, 114^th, 115^th, 116^th, 117^th, 118^th, 119^th, 120^th, 121^st and 122^nd Plaintiffs, be struck- out and dismissed against the 1^st Defendant pursuant to Order 18 Rules 19(1)(b), (c) and/ or (d) of the Rules of Court 2012and/ or the inherent jurisdiction of this Honourable Court.

3.All further proceedings in this action be stayed pending the disposal of this application.

4.That the Plaintiffs pay the costs of this application to the 1^st Defendant.

5.Such further or other relief as this Honourable Court deems fit and proper.

The grounds in support of this application under Order 18 Rules 19(1)(b), (c) and/ or (d) of the Rules of Court 2012and/ or the inherent jurisdiction of this Honourable Court are contained in the Affidavit affirmed by Awang Ahmad Bin Kari (NRIC No: 631017-02-5089) on 1^st November 2022 and are briefly as follows:

(i) Paragraphs 103 to 122 and 141(a) to (d) of the Amended Statement of Claim dated 12th July 2021 are scandalous, frivolous, and vexatious and are a clear abuse of process of the Court and should be struck out, with costs for the following reasons.

(a)On 11th October 2022, this Honourable Court found that the approval for the extension of time to deliver vacant possession of the parcels and complete the common facilities for the housing development known as “Vogue Suites One” was granted by the Minister and is therefore valid.

(b)The Plaintiffs should have commenced this action through judicial review and not through a Writ.

(c)The Plaintiffs’ causes of action against the 1^st Defendant (if any) are time- barred.

(d)The 78 Plaintiffs have signed settlement letters and are therefore barred from pursuing their claims against the 1^st Defendant.

[3]On 27.01.2023, after perusing the cause papers and hearing the respective submissions of counsels, I allowed enclosure 161, with costs of RM8,000.00, to be paid within 14 days. Dissatisfied, the said plaintiffs (the Ps) are appealing the said decision.

BRIEF FACTS

[4]The brief facts in a nutshell are:

4.1 In 2011, D1 planned and undertook an integrated mixed residential and commercial project development known as KL Eco City, which included a housing development known as “Vogue Suites One” (Project) together with common facilities of the said Project.

4.2 The statutory sale and purchase agreement (SPAs) prescribed under Schedule H of the Housing Development (Control and Licensing) Regulations 1989 requires delivery of vacant possession of the residential parcels and to complete the common facilities of the Project within 36 months from the date of the SPAs failing which D1 would be liable to pay liquidated damages (LAD) to the respective purchasers.

4.3 Knowing that it would require more than 36 months to complete the Project, D1 through letters dated 19.12.2011 and 19.01.2012 respectively, applied to the Menteri Perumahan Dan Kerajaan Tempatan (the Minister) for additional time