Hayatul Akmal Abdul Aziz J:

JUDGMENT

(Enclosure 28)

Introduction

[1]The plaintiff (a developer) seeks to enter a final judgment against the defendant (the purchaser) under O.81 r.11 Rules of Court (RC 2012)

(i)Civil Suit No: WA-22NCvC-436-06/2021 (enclosure 40) Sazean Development Sdn Bhd v Era Jaya Development Sdn Bhd; and

(ii)Civil Suit No: WA-22NCvC-437-06/2021 (enclosure 20) Sazean Development Sdn Bhd v Era Jaya Development Sdn Bhd.

[2]All three applications:

2.1 Were fixed for hearing on 14.12.2022 and the same counsels represented the parties.

2.2 I was duly informed that the parties agreed that my decision on enclosure 28 would bind the other two applications for suits, WA- 22NCvC-436-06/2021 (enclosure 40) and WA-22NCvC-437-06/2021 (enclosure 20), being of similar facts and nature with enclosure 28 save and except for the details of the parties and the property, which is the subject matter of the respective SPAs.

2.3 The plaintiff, in a nutshell, prayed for:

(a)A declaration that the Sales and Purchase Agreement (SPA) with the defendant is terminated because the defendant failed to pay the last 20% of the scheduled payment of the purchase price in the SPA.

(b)An order for the defendant