Nadzarin Wok Nordin J:

(Enclosure 1)

Background Facts

[1] This is an unfortunate case of a family who are American-Singaporean expatriates who had intended to set up home in Malaysia via the programme known as Malaysia My Second Home also known as MM2H promoted by the Malaysian Tourism Authority and the Immigration Department of Malaysia, to allow foreigners to stay in Malaysia. Through no fault of their own, this family were put through amongst others much hassle and inconvenience as a result of a luxurious condominium they had purchased which they had intended to call their home in Malaysia.

[2] The Plaintiffs herein, who are husband and wife had purchased the said luxurious condo which is known as Agile Mont Kiara project ("Project") from the Defendant, Agile PJD Development Sdn Bhd, who is the developer of the Project.

[3] The Plaintiffs states that on 27 November 2016, the Plaintiffs had allegedly authorized their attorney to remit a deposit payment of RM10,000.00 via cheque to the Defendant to secure Unit D-07-01 of the Project ("Parcel").

[4] Thereafter, the facts show that on 21 December 2016, the Plaintiffs made the first payment of RM53,256.00 and executed a Sale and Purchase Agreement ("SPA") to purchase the Parcel for the total purchase price of RM2,662,800.00.

[5] Under the terms of the SPA, liquidated ascertained damages ("LAD") are payable at 10% of the purchase price, amounting to RM729.54 per day for any delay.

[6] After a wait of four-years being on 24 December 2020, the Defendant was informed by the Plaintiffs that the Defendant was prepared to deliver VP to the Plaintiffs, attaching the Notice of Delivery of Vacant Possession dated 25 December 2020. This is an agreed fact between the parties.

[7] On 29 December 2020, the Plaintiffs responded to the Defendant acknowledging receipt of the Notice of Delivery of Vacant Possession, and thereafter on 8 January 2021, the Plaintiffs further informed the Defendant that they had paid the sum of RM508,295.69, as well-paid management fees of RM6,199.06 and deposited the amount of RM133,140.00 with PW Tan & Associates, the solicitors who prepared the SPA.

[8] Subsequently, the Plaintiffs took the keys to the Parcel and conducted an inspection of the Parcel on 4 February 2021. It was then that the Plaintiffs alleged that they discovered that the Parcel was full of severe defects rendering it unfit for occupation.

[9] Amongst the defects which were discovered by the Plaintiffs were that the Parcel exhibited water leakages, structural wall cracks, and incomplete finishes due to poor workmanship and inadequate waterproofing.

[10] As a result of the same, the Plaintiffs were unable to move into the Parcel on 4 February 2021 and the Plaintiffs had submitted the initial defect forms to the Defendant, requesting rectification of the defects.

[11] The Defendant thereafter carried out rectifications in the Parcel as well as over the rooftop of the Parcel, including hacking, applying cement, installing the torch membrane and re-flooring to fix the defects on no less than 3 occasions since the defect recurred. Throughout this period, it is alleged by the Plaintiffs that the said Parcel remained unfit for occupation due to the ongoing rectification works.

[12] The Plaintiff then states that as time progressed, the Plaintiffs continued to file additional defect forms, and rectification works have been ongoing throughout this period, up to the present date.

[13] The Plaintiff then alleges that on the belief that the Defendant was close to rectifying the defects and to mitigate their losses, the Plaintiffs moved into the Parcel on 6 November 2021.

[14] The Plaintiff submits that the defects remained unresolved and, in some instances, recurred and that they have continued to experience significant problems, including persistent water leakages and structural cracks, which have further impacted their ability to enjoy the Parcel.

[15] The Plaintiff pleads that the Defendant's promotion of the Proje