JUDGMENT

Prabakaran Rajoo M:

[1] In this case, the cause of action is based on a simple yet profound transaction-a booking fee of RM1,000 for a property purchase. The plaintiff filed suit to claim and enforce payment of liquidated ascertained damages ('LAD') due to delays in completing the property purchase and late delivery of vacant possession to the plaintiff. The main issues in this case are: whether the booking fee was paid and, if so, whether the LAD should be calculated from the date the booking fee was paid or from the Sale and Purchase Agreement ('SPA') date.

[2] After a full trial, this court found in favor of the plaintiff and allowed the claim. The defendant, aggrieved by the decision, has appealed to the High court of Taiping. These grounds of judgment provide the full reasons for this court's decision.

The Trial

[3] At the trial, which went on for three days, the plaintiff called two witnesses, one of whom under subpoena, and the defendant one. The plaintiff's witnesses were:

(i) Gayatri Panirselvam, the plaintiff herself (PW1); and

(ii) Chuah Phei San, the solicitor from the firm Ong & Partners who prepared the SPA, a subpoenaed witness (PW2).

[4] The defendant's sole witnes