Duncan Sikodol JC:

[1] Enclosure 1 is an application by the Plaintiffs for the following reliefs:

(1) A declaration that the Purchase Price in the sum of RM2,699,888.00 under the Sale And Purchase Agreement dated 24 September 2013 ("the said SPA") made between the Defendant, Niam Land Sdn Bhd as Vendor and the Plaintiffs, Ting Jack Tak and Ling Kuong Ing as Purchasers of all that parcel of Street Mall described as Unit No D-G-12 (Phase 1) Ground Floor ("the said Parcel") situates at Behind Bintulu Airfield, Bintulu and Old Bintulu Airport, Bintulu on Lots 2203, 4172 and 4173 all of Bintulu Town District as explained in the said SPA is a fixed-price contract without any liability of goods and services tax (GST) under the Goods and Services Tax Act 2014;

(2) A declaration that the Plaintiffs are entitled to be given and delivered with vacant possession of the said Parcel by the Defendant on or before 24 September 2016;

(3) A declaration that the Defendant is liable to pay the Plaintiffs for late delivery pre-agree Liquidated Damages at the rate of RM8,999.63 per month, which is equivalent to RM299.99 per day, from the 25 September 2016 until the date of actual delivery of the v