P.S. Gill J:

This application is concerned with the jurisdiction of a Judge to alter and vary a judgment, regularly obtained, drawn up, perfected, and affirmed by the Supreme Court.

The brief facts of the case are that by a sale and purchase agreement dated 20th August 1984 the second defendant, Rumah Nanas Estate Sdn. Bhd., agreed to sell to the plaintiff, Plenitude Holdings Sdn. Bhd., a piece of Estate land at a price of RM47,939,958. The plaintiff paid a deposit of RM4,793,995.80 but failed to pay the balance sum within the stipulated period of the contract, or within the extended completion period. The second defendant then terminated the said agreement and forfeited the said deposit.

After having heard all the evidence I came to the conclusion that the termination of the contract by the second defendant was not valid and ordered specific performance of the contract for the sale and purchase of the land in question. The second defendant appealed against my judgment and the Supreme Court dismissed the second defendant's appeal and affirmed my judgment (See [1993] 2 CLJ 146).

Subsequently, the plaintiff paid the sum of RM43,145,962.20 being the balance of the purchase