JUDGMENT

Zaleha Zahari JCA:

[1] This appeal is against the decision of the learned Judicial Commissioner High Court Kuala Lumpur entering summary judgment under O. 81 of the Rules of the High Court 1980 ("the Rules") on the application of the respondent (the plaintiff in the court below) against Cherating Development Sdn. Bhd. (the 1st defendant in the court below, who is not a party in this appeal), and Woolley Development Sdn. Bhd. (the 2nd defendant in the court below), the appellants in this appeal. In this judgment, parties will be referred as cited in the court below.

[2] The dispute in this appeal is concerned with the rights and interest of a victim of an abandoned project as against firstly, the original developer from whom the properties had been purchased and to whom the purchase price had been paid, and secondly, as against a rehabilitating developer who has taken over the abandoned project from the original developer.

[3] The Judicial Commissioner had on the facts of this case found no difficulty in granting an order-in-terms of the alternative prayer applied for by the plaintiffs in encl. (7). She granted an order of rescission of 12 Sale and Purchase Agreements, all