JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was an Appeal against the decision of the learned Sessions Court Judge (SCJ) in granting summary judgment ("this Appeal") pursuant to the Respondent's application under O 14 of the Rules of 2012 ("Rules of ).

[2] For ease of reference, the appellant and respondent were referred to respectively as the defendant and plaintiff.

The Factual Background

[3] The plaintiff, an individual purchaser, entered into a sale and purchase agreement ("SPA") with the defendant, the developer of the project known as Paragon Suites@ CIQ, for a parcel, together with an accessory parcel ("the Unit").

[4] The SPA was dated 24 September 2013, although the plaintiff had paid the deposit on 21 April 2013. The completion period was therefore 20 April 2016, which was 36 months from the date the deposit was paid.

[5] Delivery of vacant possession was, however, delayed to 15 June 2017. As a result, the plaintiff filed a claim ("the Claim") against the defendant, seeking liquidated ascertained damages ("LAD"). In March 2021, the plaintiff filed an application for summary judgment pursuant to O 14 of the Rules of , which was allowed by the learned SCJ.

[6] Dissatisf