Ian H.C. Chin J:

This is an application for summary judgment taken out on 19 July 1994 by Wong Nget Thau and Wong Nget Tsin @ Zaiton ("the plaintiffs") against Tay Choo Foo ("the defendant") for the sum of RM179,648, being the balance of the purchase price of the plaintiffs' shares in a company called Harus Abadi Sdn. Bhd. ("the company"). The Court heard argument on 16 August 1994 and adjourned to today for judgment. The plaintiffs' claim arose in this manner.

On 28 September 1988 the director of Lands and Surveys, Sabah, offered to alienate about 800 acres of land to the company which offer was accepted by the company. At about this time, another company called Golden Spring Development Sdn. Bhd., of which the defendant was at all relevant times a director and shareholder, was also the successful applicant of a parcel of land that was appurtenant to the land approved to the company. On an unknown date and time, one Stella Chin, the plaintiffs' sister ("the sister"), who had been acting with the authority of the plaintiffs about the land application, was approached by the defendant for the purchase of the land approved to the company. The plaintiffs alleged that it was t