(Oral)

Gopal Sri Ram JCA:

[1] This is the judgment of the court. For convenience, we will refer to the parties according to the titles assigned to them in the court below. There are two appeals before us. One is by the plaintiff. The other is by the second defendant in the counterclaim being the second and third defendants to the main action. The facts relevant to the appeal are as follows.

[2] Ladang Perbadanan Fima Berhad, or LPF for short, is a public limited company. It is listed on the stock exchange. This case concerns a transaction that has to do with the shares of LPF. This is how the story began.

[3] On 6 August 2004, the plaintiff entered into two agreements. One was with Kumpulan Fima Berhad, or Fima. The other was with Amalan Kontrak (M) Sdn. Bhd., or Amalan. The Fima agreement related to the purchase by the plaintiff of 26,496,000 shares. Under the agreement with Amalan, the plaintiff agreed to purchase 10,028,000 shares. The purchase price was the same under both agreements. It was RM3.80 per share. We find it unnecessary to reproduce the whole of those two agreements in this judgment. Suffice for the present purposes that we refer to one or two important cla