Leong Wai Hong JC:

Introduction

[1] This appeal is one of the many cases filed by apartment and condominium buyers against developers as a result of the Federal Court's landmark decision dated 26 November 2019 in Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahaan dan Kerajaan Tempatan & Anor and Other Appeals, 2019 MarsdenLR 2737 ["Ang Ming Lee"].

[2] The Appellant is the Defendant in the Sessions Court below. The Respondents are the Plaintiffs. Parties will be referred to as they were cited in the Sessions Court.

[3] The Plaintiffs are purchasers of apartments built and sold by the Defendant. The Sale and Purchase agreements ["SPAs"] all stipulated delivery of vacant possession within 48 months from the date of the SPAs failing which the Defendant has to pay liquidated damages. The SPAs also stated that the Defendant was required to complete the common facilities within 48 months from the date of the SPAs failing which the Defendant also has to pay liquidated damages.

[4] The prescribed statutory period of 36 months for completion pursuant to the prescribed form under Schedule H of the Housing Development (Control and Licensing) Regulations 1989 ["Regulations"] had