Pemaju dapat tangguh prosiding saman kecacatan kondo Country Garden Danga Bay

After weighing the possibility of bias and the interests of both parties, the Johor High Court has ruled there is a special circumstance that allows for the delay in the proceeding of the Country Garden Danga Bay condominium dispute. The suspended proceeding is related to a high-profile defamation lawsuit against the development's construction, while the parties await an appeal in the Johor High Court Appeal Court.

The appeal concerns whether individual property owners and the Joint Management Board (JMB) have a legal standing and capacity to take action after the Public Officers were established. Attorney General Budiman Lutfi Mohamed delivered the suspension today following the Country Garden Danga Bay Sdn Bhd's petition. The lawsuit was filed by JMB Royal Strand & Lovell, a high-rise residential tower in the parent Country Garden Danga Bay development, against the developers in 2023.

In addition to the original plaintiff, three individual property owners from Singapore joined the lawsuit as co-plaintiffs in May. Country Garden then appealed the order, challenging the JMB and individual property owners' locus standi and legal capacity based on the Strata Management Act 2013. In granting the suspension, Budiman expressed concern that the ongoing appeal may raise fundamental issues that could significantly impact whether the proceeding can continue in its current form.

The court also worried that proceeding before the appeal decision could lead to significant waste of time and resources, as well as the absence of expert witnesses and expert reports, which would be unnecessary. The court noted that the claim is not merely about financial compensation but also involves the appointment of independent experts and mandatory orders for remedial work to address the alleged damage.

The court acknowledged that the physical remedial work completed before the appeal decision may be difficult to reverse. However, the court recognized the importance of individual property owners seeking a prompt resolution to the dispute, especially given that the proceeding had been delayed due to the transfer from the JMB to the MC.

After weighing the interests and concerns of both parties, the court found that there was a special circumstance that justified the suspension of the proceeding.