JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] We shall refer to parties as they were in the High Court.

[2] This judgment concerns the following two appeals (2 Appeals) which emanated from one suit in the High Court (This Suit):

(1) appeal No. W-02(NCvC)(W)-439-03/2022 (1st Appeal) had been filed by the first and 2nd plaintiffs ("1st Plaintiff and "2nd Plaintiff' who will be collectively referred to in this judgment as the "Plaintiffs") against the High Court's dismissal of This Suit (Original Action) filed by the Plaintiffs against the defendant (Defendant); and

(2) the Defendant had filed appeal No. W-02(NCvC)(W)-449- 03/2022 (2nd Appeal) against the High Court's dismissal of the Defendant's counterclaim against the Plaintiffs (Counterclaim).

[3] The 2 Appeals were heard together in the Court of Appeal and discussed, among others, the effect of the doctrine of total failure of consideration as follows:

(1) whether the doctrine of total failure of consideration provides for restitutionary or compensatory relief; and

(2) is the application of the doctrine of total failure of consideration distinct from:

(a) a cause of action for breach of contract under s 74(1) of the Contracts Act 195