JUDGMENT

Choo Kah Sing J:

Introduction

[1] The plaintiff's claims are premised on a Sale and Purchase Agreement (under Schedule H of the Housing Development (Control and Licensing) Regulations 1989) entered into between the plaintiff and the defendant dated 9 September 2011 (hereafter the 'SPA') in which the plaintiff had agreed to purchase and the defendant (as a developer) had agreed to sell a unit of property known as Parcel P08-023A with accessory parcel No ACP08-023A (hereafter 'the property') in a housing development known as "EMPIRE RESIDENCE" for a sale and purchase price of RM1,738,800.00 (hereafter 'the SPA price').

[2] The plaintiff averred that the defendant failed to deliver vacant possession of the property on time as stipulated in the terms of the SPA. As such, the plaintiff claimed against the defendant for liquidated ascertained damages for (i) the late delivery of vacant possession of the property (hereafter 'the first claim'), and (ii) the late delivery of the common facilities serving the housing development where the plaintiff's property is situated (hereafter 'the second claim').

[3] On 1 November 2021, this Court allowed the plaintiff's claims (with adjustment). T