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COURT OF APPEAL PUTRAJAYA
YAKINLINE MARKETING SDN BHD – Appellant
Versus
MAYBAN SECURITIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. appellant's claim for refund and defendant's counterclaim. (Para 1 , 2) |
| 2. court's decision to allow appeal and refund the deposit. (Para 3) |
| 3. conditions precedent must be strictly complied with. (Para 4 , 24 , 27) |
| 4. background of share sale and its complexities. (Para 5 , 6 , 7) |
| 5. meaning and significance of conditions precedent in agreement. (Para 9 , 19 , 21) |
| 6. conditions precedent outlined in sale agreement. (Para 10 , 14) |
| 7. obligations of parties under conditions precedent. (Para 11 , 12 , 13 , 17) |
| 8. disputed interpretation of contractual obligations. (Para 18 , 20) |
| 9. judicial commissioner’s failure in evidence appreciation. (Para 22 , 23) |
| 10. effect of contingent contracts in law. (Para 25) |
| 11. void agreements due to unmet conditions precedent. (Para 26 , 28) |
[1] This was an appeal from the High Court in a writ action in a very short trial, where one witness each was called by the parties. The plaintiff's/appellant's claim in the High Court was for a refund of the sum of RM4 million paid to the defendant as earnest deposit under a sale and purchase agreement of shares entered into between the plaintiff and the defendant dated 11 March 2005. The High Court dismi
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