KUALA LUMPUR (Oct 10): The High Court on Thursday dismissed 31 appeals by Projek Muara Sdn Bhd, the proprietor of Empire Remix, a mixed-use development in Subang Jaya, Selangor, to be struck out as a party in the claim filed by 31 purchasers, and ordered the case to proceed to full trial at the Sessions Court.
Judicial Commissioner Ros Mawar Rozain delivered the decision in open court on Thursday, having considered the submissions of both parties.
Ros Mawar dismissed the appeals as she surmised that there were a lot of issues to be ventilated at a full trial at the Sessions Court.
This appeal stems from a decision in the Sessions Court that ordered the matter to proceed to full trial and dismissed Projek Muara’s application to be struck out as a party in the matter.
She also told Projek Muara’s counsel Liew Yik Kai that it would be better that this matter proceeded to full trial as it would be beneficial to both parties.
“I am going to dismiss this appeal as there are a lot of issues that need to be tried at the Sessions Court via a full trial; this is an interesting case and could even make it to the Malaysian Law Journal (MLJ),” Ros Mawar said.
“I resonate with the decision of the Sessions Court judge to have this matter proceed for full trial,” she said.
Ros Mawar also ordered Projek Muara to pay RM10,000 in costs to the purchasers.
The purchasers were represented by Ranjan N Chandran, Rani Nadesan and Jayasri Nadarajan.
Purchasers of this project are still in a limbo after the project had been left uncompleted and abandoned since 2011.
It was argued in the Sessions Court that Projek Muara had terminated the first joint-venture agreement, which was signed on Oct 27, 2011, with the original developer, True Renaissance, for failing to complete the project.
The proprietor then signed a second JV agreement dated Jan 15, 2019, with a new developer, Greendev Sdn Bhd, but that company also failed to complete the project.
The Sessions Court held that the termination and appointment of the developers was done without the knowledge of the purchasers, and without obtaining their consent.
The court was informed that True Renaissance was wound up by an order of the Insolvency Court dated May 15, 2024, and Greendev was wound up by an order of the Insolvency Court dated July 18, 2023.
The Edge reported last year that the High Court had set aside a corporate voluntary arrangement (CVA) by True Renaissance Development Sdn Bhd for the Empire Remix development.
The court held that CVA was not workable and awarded costs to the purchasers.
The abandoned development that is the subject of Thursday’s appeal is located across the road from Empire Remix 2 (which has been renamed Edumetro) in USJ 1, Subang Jaya, Selangor. Both projects were originally launched by True Renaissance, a unit of Mammoth Empire Holding Sdn Bhd.