JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] In this judgment, the parties are referred to as they were at trial. The plaintiffs sued the defendant for breach of contract in respect of the purchase of a property and claimed damages for late delivery and general damages in alternative.

[2] After a full trial, the Sessions Court ruled that the notice of vacant possession and the Certificate of Practical Completion were valid and dismissed the plaintiff's claim. The plaintiffs were not satisfied with the decision of the Sessions Court and appealed.

Brief Facts

[3] The plaintiffs purchased from the defendant a commercial unit at the Star Boulevard, Kuala Lumpur at the purchase price of RM6,759,172.00. On 7 August 2014, the parties entered into a sale and purchase agreement ("SPA"). According to the SPA, the defendant was supposed to complete and deliver vacant possession of the unit within 48 months from the date the project development plan was approved.

[4] The project development plan was approved on 23 July 2014. As such, the plaintiffs took the stance that vacant possession of the unit should be delivered on 23 July 2018.

[5] One day before the deadline for delivery of vacan