Mohamed Dzaiddin bin Haji Abdullah SCJ:

This is an appeal from the decision of the Magistrate, Georgetown given on 20 January 1987 who held that the plaintiffs had established a reasonable cause of action against the defendant in their amended statement of claim.

The plaintiffs' claim in the action is for damages for late delivery of vacant possession of a unit of flat known as Flat No. 17.6, Macallum Street Ghaut Slab Block GT7 (the said flat) which they purchased from the defendant for RM62,000. The parties executed a sale and purchase agreement on 25 October 1982. It is common ground that the said agreement was silent regarding the date of delivery of vacant possession. Nonetheless, the delivery of vacant possession of the said flat was finally made by the defendant to the plaintiffs on 22 1 January 1986 which was more than 3 / years after the 2 execution of the sale and purchase agreement.

By their amended statement of claim, the plaintiffs averred in paragraph 4 that vacant possession of the said flat must be delivered within a reasonable time. In this context, the plaintiffs relied on the 24 months' period under the Housing Developers (Control and Licensing) Regula