JUDGMENT

David Wong Dak Wah J:

Proceeding

(1) The plaintiffs claim is for damage and loss against the defendant on the ground that the residential houses which they have purchased from the defendant were defective and the delivery of possession of the same was late. The claims are denied by the defendant on the ground that there was no breach of duties, contractual or otherwise, on their part and in any event the plaintiffs had failed to prove damages they have suffered.

Background Facts

(2) There are 46 plaintiffs in this case and they are the purchasers of the various residential houses in a housing scheme known as Taman Bukit Saujana Springfields situated at Jalan Bantayan, Off Jalan Tuaran Mile 3 1/2, Kota Kinabalu, Sabah (project). Summary of the names of the 46 plaintiffs, particulars of their respective residential houses, and the particulars of their sale and purchase agreements (sale and purchase agreements) are set out in Annexure A annexed to the amended statement of claim dated 21 August 2009. After taking possession of their residential houses, defects were detected by the plaintiffs and in view of the developers failure to remedy those defects; this suit is take