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2004 MarsdenLR 2026 ; 2004 MarsdenLR 1

ABDUL KADIR SULAIMAN, HASHIM YUSOFF, TENGKU BAHARUDIN SHAH
MAJU HOLDINGS SDN BHD – Appellant
Versus
FORTUNE WEALTH (H-K) LTD – Respondent


Advocates:
For the appellant/defendant - M David Morais (Khabir Dhillon); M/s Mohamad Illiayas & Co
For the respondent/plaintiff - VK Lingam (V Sithambaram & VK Lakshmi); M/s VK Lingam & Co

JUDGMENT

Abdul Kadir Sulaiman JCA:

The Appeals

All these three appeals, Civil Appeal Nos. W-02-965-2001, W-02-964-2001 and W-02-90-2001 came up for hearing before us on 13 October 2003. With the consent of the parties it was decided that Civil Appeal No. W-02-965-2001 should be heard first and the decision in this appeal shall be binding on the other two appeals. This course was taken because the issues in both the appeals Nos. W-02-965-2001 and W-02-964-2001 have common features and raised common issues and also had identical pleadings. The issues raised in Civil Appeal No. W-02-90-2001 has also been raised in the other two appeals. A similar position was also taken in the High Court below where both cases were consolidated and it was decided that the decision in one case would bind the other case.

These three appeals before us has a historical significance. This panel of the Court of Appeal was the first panel constituted to sit in the new premises of the Court of Appeal in the Palace of Justice in Putrajaya. Hence these three appeals were the first substantive appeals to be heard before us. We had on 16 October 2003 dismissed all these three appeals with costs and we now give o

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