JUDGMENT

Lee Heng Cheong JCA:

Introduction

[1] The appellant was the 1st defendant in the High Court ("appellant") whilst the respondent was the plaintiff in the High Court ("respondent"). The respondent's case against SN Low & Associates Sdn Bhd., which is a body of professional Architects and which is the 2nd defendant in the High Court had been struck out.

[2] The appellant appealed against the decision of the High Court in allowing the claim of the respondent against the appellant pursuant to the Sale and Purchase Agreement dated 30 June 2011 ("SPA") for the liquidated ascertained damages ("LAD") for the delay in delivery of the vacant possession of a unit of eight-storey shop offices identified as Parcel No A-16, Block No A ("Shop Office") in the Icon City Project ("Project") as well as for the refund of service charges and insurance which were paid prematurely.

Background

[3] The pertinent facts of this case have been summarized by the learned High Court Judge ("learned High Court Judge") in her Grounds of Judgment and we will adopt the same herein for ease of reference. They are as follows:

"(1) On 30 June 2011, the plaintiff entered into a contract with the 1st defendant vide a sa