Roz Mawar Rozain J:

[1] There are three cases before this case with two common defendants. There are Civil Suit No: WA-22NCvC-734-12/2022 where Marcus Lee Wyy Keat & 79 Others sued the two defendants (Suit 734), Civil Suit No: WA-22NCvC-587-10/2023 where Tan Tsui Wan & Another are the Plaintiffs (Suit 587), and Civil Suit No: WA-22NCvC-85-02/2024 where Wong Kiat Leong & Another (Suit 85). This Court has scheduled the trials to be heard jointly. Common senior counsels represent the parties respectively.

[2] This Court heard oral arguments by counsels for Suit 734. They were for the 2nd Defendant's application to strike out the Plaintiffs' claim against it, and the 1st Defendant's application to strike out the Plaintiffs' claim for the payment of liquidated ascertained damages (LAD). The counsels affirm that the same submissions apply for their respective applications to strike out in Suit 587 and Suit 85.

Factual Matrix

[3] Before going into this Court's assessment of the applications, the factual matrix of the case(s) are as follows:

(a) The Plaintiffs entered into SPAs with the 1st Defendant for the purchase of apartment units at Eclipse Residence.

(b) Clause 25(1) of the SPA ex