JUDGMENT

Tun Abd Majid Tun Hamzah J:

[1] In the court below, the learned Sessions court Judge allowed the respondents/plaintiffs' claim and dismissed the counterclaim by the appellant/defendant. The parties are referred to as they were in the court below. Having heard the appeal, I allowed the defendant's appeal in part.

[2] The brief facts are as follows. The defendant was the developer of Jazz Hotel and commercial suites known as the Jazz Suites ("suites"). The plaintiffs were the purchasers of the suites. Seventeen of the plaintiffs entered into the Sale and Purchase Agreements ("SPAs") with the defendant in August 2012 and two of them in 2013. All the SPAs except the SPA for Suit 155 provide for delivery of vacant possession within 36 months from the completion of the piling works (cl 26) while the SPA for Suit 155 provides that vacant possession to be delivered within 36 months from the date of the agreement. The Certificate of Completion and Compliance for the suites was issued on 21 April 2017 while the common facilities were completed sometime in December.

[3] The plaintiffs brought the action in the court below claiming for Liquidated Ascertained Damages ("LAD") for late deliv