[1] The appeal before us was against the decision of the learned High Court Judge in Seremban High Court allowing the respondent's (the plaintiff in the High Court) claim. We had, after perusing the Records of Appeal and considering the written and oral submissions of learned counsel for the appellant and the respondent, unanimously allowed the appeal with costs of RM50,000.00 for here and below and we allowed the counterclaim with costs of RM10,000.00. We set aside the order of the High Court. We further ordered that the deposit be refunded. Our reasons appear below.