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2015 MarsdenLR 2138

COURT OF APPEAL PUTRAJAYA
THERESA TOYAT & ANOR – Appellant
Versus
KHL SDN BHD – Respondent


Table of Content
1. court affirming original claim in favor of plaintiff. (Para 1 , 2 , 3)
2. details about sale agreements and ncr claims. (Para 4 , 5 , 6 , 12 , 14)
3. discussions around legality and enforcement. (Para 17 , 18 , 24 , 26 , 27)
4. findings on anticipatory breach and obligations. (Para 39 , 45)
Abdul Aziz Abdul Rahim JCA:

[1] On 16 August 2013, the learned High Court Judge allowed the respondent/ plaintiff's claim and made the following order:

(i) That a sum of RM3,225.00 be refunded to the respondent/plaintiff by the 2nd appellant/defendant.

(ii) There be interest at 5% per annum on the above sum from 1 May 2008 till full and final settlement.

(iii) Cost of RM40,000.00 to be paid to the respondent/plaintiff.

(iv) That a sum of RM4,960,000.00 be refunded to the respondent/ plaintiff by the 1st appellant/defendant.

[2] The learned High Court Judge rejected the appellants/defendants' defence and found that the respondent/plaintiff did not commit any anticipatory breach of the two agreements for the purchase of shares belonging to the 1st and 2nd appellants/defendants in a company called Amazing Green Sdn Bhd ("the company") dated 2 April 2008 and 2 May 2008 respectively. The lea

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