JC Lord Denning:

The judgment of their Lords of the Judicial Committee was delivered by:

Lord Jenkins: The question in this case is whether upon the true construction of a conditional agreement dated 8 November 1955, and made between the defendant (now appellant) Aberfoyle Plantations Ltd. (hereinafter called "the vendor") of the one part and the plaintiff (now respondent) Khaw Bian Cheng (hereinafter called "the purchaser") of the other part, being an agreement providing, subject to the condition therein mentioned, for the sale by the vendor to the purchaser of a rubber estate in the State of Perak known as the Harewood Estate, and in the events which happened, the purchaser became entitled to the return of deposits amounting to $100,000 paid by him to the vendor thereunder, on the ground that the condition in question had not been performed by the vendor within the time thereby limited for its performance.

The case has given rise to a considerable difference of judicial opinion in the Courts below. The action claiming the return of the deposits was brought by the purchaser in the High Court at Ipoh and heard by Good J, who by an Order dated 8 November 1957, dismissed i