[1] This appeal was against the decision of the learned High Court Judge given on 19 October 2015 in affirming the award of damages made by the Senior Assistant Registrar (SAR) in the sum of RM9,770,139.50 to the respondent as damages in lieu of specific performance of a Sale and Purchase Agreement (SPA), pursuant to the Court of Appeal order dated 11 December 2013.

[2] After pursuing the Records of Appeal and having heard and considered the submissions made by the learned counsel for the parties, oral as well as written, we allowed the appeal and set aside the order of the High Court affirming the order of the SAR on the assessment of damages. We now set out our reasons for so doing.

Background

[3] The subject matter of the SPA was an undivided piece of freehold land in Seremban, held under Grant No. 67284 Lot No 1006, Mukim Seremban, Negeri Sembilan (the land); jointly owned in 2007 by the appellants. On 24 May 2007, the appell