Haidar Mohd Noor CJ (Malaya):

I have had the benefit of reading the judgments in draft of my learned brothers, Abdul Malek Ahmad, FCJ and Abdul Hamid Mohamad, JCA and agreed with them. I have nothing further to add.

Abdul Malek Ahmad FCJ:

The facts are actually not in dispute. As deposed by the respondent in his affidavit in support of his application on 6 May 1995 to declare himself as the beneficial owner of a Honda Accord 2.0 Ex(i) bearing registration number NAJ 1912 (hereinafter "the said motor vehicle"), one Dewarajoo a/l Gurusamy (hereinafter "Dewarajoo") had shown him the said motor vehicle on 24 January 1994 which he had agreed to purchase. On the next day, he had taken the said motor vehicle to a motor workshop at the Mobil petrol station in Jalan Yong Shook Lin, Petaling Jaya to have it examined.

There, both he and the mechanic had, apart from examining the said motor vehicle, checked both the engine and chassis numbers and found that they tallied with the details in the registration card of the said motor vehicle. The engine number was MA 1A5-571289 and the chassis number was CB 3-7036281.

Only then was the purchase price agreed at RM70,000. On 27 January 1994,