JUDGMENT

See Mee Chun JCA:

Introduction

[1] This is an appeal against the decision of the High Court Judge (HCJ) who on 23 September 2020 affirmed the assessment and award of damages by the Deputy Registrar (DR) given on 22 January 2019.

[2] After having heard and considered the submissions of both parties, we allowed the appeal in part and set aside the assessment of damages of the HCJ and DR. We now give our reasons for doing so.

[3] The parties will be referred to as in the High Court.

Parties And Background Facts

[4] The Plaintiff who is the Respondent here, is the purchaser of 22 units (the units) of a development in Tower A of Menara UOA, Bangsar (the premises). The units are located on the 19th, 20th and 22nd floors of the premises.

[5] The Defendant who is the Appellant here, is the developer for the premises, which comprises 2 office blocks and a podium for retail spaces.

[6] After the execution of the booking form on 4 October 2007, a dispute arose between parties. This resulted in the Plaintiff commencing action against the Defendant for specific performance and damages. In the Liability Proceedings, the High Court on 25 May 2012 ordered the specific performance of the sale of th