Salleh Abas LP:

In this case the appellants/plaintiffs sued Public Bank Berhad, the first respondent, for an injunction to restrain it from paying Sedaya Sdn. Bhd., the 2nd respondent, a certain sum of money due from the appellant to the 2nd respondent on the ground that a greater sum was due from the 2nd respondent to the appellant. Both sums arose out of a sale and purchase agreement of a house, the first sum being the balance of the purchase price whilst the second was an amount of liquidated damages for late delivery of vacant possession. The Court below refused to issue the injunction requested for.

The facts of this case are set out in the affidavit of the appellants sworn on 8 May 1987. These are as follows:

The appellants purchased a two-storey link house which was to be constructed by the 2nd respondent for RM145,000. For this purpose the appellants and the 2nd respondent entered into a sale and purchase agreement on 18 August 1982 by paying a booking fee of RM1,000 subject to various payments including progress payments. According to Clause 18 of the sale and purchase agreement, which was only signed on 18 March 1983, the building was to be so constructed that th