JUDGMENTBY: EDGAR JOSEPH JR FCJ (DELIVERING THE JUDGMENT OF THE COURT)

This is an appeal from the judgment of the High Court, Johor Bahru, ordering that judgment be entered in favour of the plaintiff Azali bin Bakar, the purchaser (the purchaser) under a sale and purchase agreement dated 12 December 1984 (the agreement) of a single-storey dwelling house (the house) to be erected by the defendant Insun Development Sdn Bhd, the corporate licensed developer (the vendor). The agreement was in the form prescribed in the Schedule to the Housing Developers (Control and Licensing) Regulations 1982 (the 1982 Regulations).

More particularly, the purchasers claim by way of originating summons issued on 31 July 1993 was for a declaration as to entitlement to agreed liquidated damages for breach of contract, calculated at the rate of 10% per annum on a daily basis on the purchase price of RM49,725 from 12 December 1986 to date of delivery of possession of the house. Alternatively, the purchasers claim was for a declaration as to entitlement to liquidated damages as aforesaid under the Housing Developers (Control & Licensing) Act 1966, and the regulations made thereunder, to wit, the 1982 Reg

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