[1] The appellants/plaintiffs' appeal is in respect of the sale and purchase of a property based on the format of sch G of Housing Development (Control & Licensing) Act 1966 (HDA). The appeal came up for hearing on 17 April 2013 and we allowed the appeal relating to the relevant prayers coupled with consequential directions. My learned brother BaliaYusof Haji Wahi JCA and my learned sister Lim Yee Lan JCA have read the judgment and approved the same.

[2] At the outset we must say that an appellate court will not ordinarily disturb the finding of facts of the trial court. (See Kyros International Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri , 2013 MarsdenLR 990 ). However, if the law is not applied correctly on the facts of the case, appellate intervention is necessary and incumbent to sustain the integrity of the decision making process.

Brief Facts

[3] The appellants and respondents are respecti