JUDGMENT

(Appeal Against Summary Judgment)

Kenneth St James J:

Prelusion

[1] The Appellant-Defendant (D) was the developer of a housing development project known as "The Retreat" (Project). The Respondents-Plaintiffs (Ps) were the purchasers of a parcel of property in the Project.

[2] D and Ps entered into a prescribed Schedule H (Housing Development (Control And Licensing) Regulations 1989) sale and purchase agreement (SPA) to govern the purchase. D failed to deliver vacant possession (VP) of Ps' unit within the contracted period. This made D liable to pay Ps "liquidated damages" (LD), according to the relevant terms of the SPA.

[3] Ps filed this suit in the Sessions Court to claim the amount of LD they asserted they were entitled to. Ps applied to enter summary judgment against D (under O 14 of the Rules Of 2012). D resisted the entry of a summary judgment. The Sessions Court allowed Ps' application and ordered summ