JUDGMENT

Abdul Malik Ishak J:

The Facts

This was an interesting case. I was told that I am breaking new ground. By way of an originating summons in enclosure one (1), the plaintiffs sought for the following prayers:

(a) that the Defendant pay the Plaintiffs liquidated damages to be calculated from day to day at the rate of ten per centum (10%) per annum of the purchase price arising from the Defendant's failure to hand over vacant possession of the condominium units to the Plaintiffs within the time prescribed in the respective Sale and Purchase Agreements;

(b) that the Defendant pay the Plaintiffs liquidated damages to be calculated from day to day at the rate of ten per centum (10%) per annum of the last twenty per centum (20%) of the purchase price arising from the Defendant's failure to complete the common facilities within the time prescribed in the respective Sale and Purchase Agreements;

(c) a declaration that the Plaintiffs are entitled to set-off the remaining purchase price to be paid to the Defendant against such liquidated damages found due from the Defendant to the Plaintiffs under (a) and (b) above;

(d) an Order for payment by the Defendant to the Plaintiffs of all su