Evrol Mariette Peters J:

Introduction

[1] This was the Appellant's application in encl 4 ("this Application") for an extension of time to file the Record of Appeal. For ease of reference, the Appellant and Respondent will be referred to as First Defendant and Plaintiff respectively.

The Factual Background

[2] The Plaintiff filed a claim at the Sessions Court against the First Defendant, and the Housing Controller, who was the Second Defendant for, amongst others, a declaration that the Letter of Approval issued by the Second Defendant to extend the completion time of a housing development project ("the Project") from 36 months to 48 months, was null and void; and for the First Defendant to pay to the Plaintiff liquidated ascertained damages ("LAD") in the amount of MYR286,088.70 for late delivery of vacant possession of the Plaintiff's unit and late completion of the common facilities.

[3] Upon application by the Plaintiff under O 14A and/or O 33 of the Rules of 2012 ("Rules of ") to dispose of the matter on points of law, the learned Sessions Court Judge ("SCJ") had decided in her favour. Dissatisfied, the First Defendant appealed vide Notice of Appeal dated 18 October 2021. Up