Introduction

[1] In this judgment, the parties are referred to as they were before the trial court. This is an appeal against the decision of the Sessions court in allowing the plaintiffs claim for liquidated ascertained damages ("LAD") due to late delivery of vacant possession and delayed completion of common facilities in a housing development project.

[2] The Sessions court allowed the plaintiffs' claim for LAD in the sum of RM294,177.60 as of 24 September 2020. The Sessions court also awarded the plaintiff with continuing LAD at the rate of 12% per annum on the purchase price. The LAD continues until a valid Certificate of Completion and Compliance ("CCC") is issued.

[3] The main issues in this appeal pertained to the validity of the CCC issued. The appeal also addressed whether the calculation of LAD from the date of the booking fee was accurate. Additionally, the appeal questioned the validity of the extension of time granted by the Deputy Controller of Housing which extended the completion period from 36 months to 48 months. These issues were pivotal to determining the defendant's liability.

[4] I have examined the record of appeal and considered the s