Lee Hun Hoe CJ (Borneo):

This is an appeal against the decision of the learned Judge confirming the order he made earlier in chambers.

By an agreement dated 28 September 1983 the plaintiff/respondent agreed to sell and the defendant/appellant agreed to buy a small piece of land of about three quarters of an acre situated in an area known as the Golden Triangle of Kuala Lumpur for RM15,110,700. The land was held under Selangor certificate of Title No. 8571 lot no. 73 s. 57, Town and District of Kuala Lumpur together with a building erected thereon and known as no. 34, Jalan Sultan Ismail, Kuala Lumpur. The purchase price was to be paid by instalments of which the last payment was to be made on 27 September 1984.

The defendant was to be given vacant possession after payment of the purchase price in full. However, in order to facilitate development of the property, the plaintiff, at the request of the defendant, delivered the property to the defendant in June 1984 despite the fact that payment in full had not been made. The defendant had since demolished all the buildings on the land in order to prepare the land for development.

On 27 September 1984 the defendant failed to pa