JUDGMENT

Choo Kah Sing JCA:

Introduction

[1] This is an appeal filed by Mayland Universal Sdn Bhd, the defendant in the court below, against the decision of the High Court dated 5 December 2024 which decided that the respondents were entitled to claim liquidated damages to be calculated until the issuance of separate strata titles.

[2] This Court, after having considered the respective parties' counsels' submissions, unanimously decided to reverse and set aside the decision and order of the High Court. The reasons for the decision of this Court are as set out below.

Salient Background Facts

[3] The appellant is the developer of a service apartment in a development known as "Residensi Dorsett Sri Hartamas". The respondents are the respective purchasers of the service apartment units in the development. The appellant, as the vendor, and the respondents, as the purchasers, had respectively entered into a Sale and Purchase Agreement (hereafter "the SPA"). The respective SPAs were governed under the Housing Development (Control and Licensing) Act 1966 and Schedule H of the Housing Development (Control and Licensing) Regulations 1989.