Introduction

[1] This is an appeal against the decision of the learned judge of the High Court of Malaya in Penang, allowing the respondents' (the plaintiffs in the Court below) claim for, inter alia, a declaration that the termination of a sale and purchase agreement dated 2 September 2010 ("the SPA") between the respondents and the appellant (the defendant in the Court below) was null and void. The learned judge also allowed for damages to be assessed, on the basis that the respondents be returned to their original position prior to the termination of the SPA.

[2] For ease of reference, the respondents will be referred to as they were in the Court below, namely as the plaintiffs, and the appellant as the defendant.

[3] The sale and purchase agreement in question related to the sale by the defendant, as vendor, to the plaintiffs as purchasers, of a unit in a condominium described as the "One Ritz" project located in Georgetown, Penang. The defendant terminated the SPA on the grounds that the plaintiffs had failed to comply with their fundamental obligation to make progress payments as and when they fell due. After due notice to this effect, in accordance with