“The Federal Court has ruled in favour of 58 Empire City Damansara buyers, allowing their lawsuit against developer Cosmopolitan Avenue to proceed amid ongoing delays in strata title issuance.”
Kuala Lumpur, 17th Octorber 2025, 12.50pm – A group of 58 purchasers of Empire City Damansara units who have yet to receive their strata titles scored a legal victory at the Federal Court on Thursday, after Malaysia’s apex court ruled that their lawsuit against the project developer should proceed to trial.
The Federal Court, led by Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh together with Tan Sri Ahmad Terrirudin Mohd Salleh and Datuk Lee Swee Seng, unanimously allowed the buyers’ appeal, ruling that the case was not suitable for summary dismissal.
The developer, Cosmopolitan Avenue Sdn Bhd, had initially failed in its bid to strike out the case at the High Court. However, the Court of Appeal later reversed that decision in the developer’s favour — a ruling now overturned by the Federal Court.
Legal Questions on Strata Title and Project Completion
The purchasers had sought to raise three key legal questions before the apex court:
- Whether a strata title can be issued when only a partial Certificate of Completion and Compliance (CCC) has been granted;
- Whether a development project can be deemed completed without a full CCC; and
- Whether a project can continue indefinitely without a deadline for a full CCC, potentially disadvantaging buyers who have already taken possession.
However, the bench decided not to answer these questions during the appeal, stating that the issues should instead be resolved during the full trial at the High Court.
Buyers Cite Nine-Year Delay in Strata Titles
In their original suit, the 58 buyers alleged that they were entitled to liquidated ascertained damages (LAD) for late delivery of vacant possession. They also highlighted that no strata titles have been issued nine years after taking possession of their units in 2016.
The group argued that a partial CCC cannot lawfully support the issuance of strata titles, leaving them without legal ownership documents despite having occupied their units for years.
Background of the Empire City Damansara Development
The Empire City Damansara project, developed by Cosmopolitan Avenue Sdn Bhd, is a massive mixed-use development along the Lebuhraya Damansara-Puchong (LDP) in Petaling Jaya. It comprises 11 blocks of residential, hotel, and office towers — including notable landmarks such as the HCK Tower and MyEG Tower — all sitting above a retail podium known as Hextar World, which offers over 1.7 million sq ft of net lettable area.
The buyers were represented by Ranjan N Chandran, T Susielan, Jayasri Nadarajan, and Rani Nadesan, while Cosmopolitan Avenue was represented by Justin Voon Tiam Yu, Alvin Lai Kok Wing, and Cheryl Leong Kit Yee.
