Lamin Mohd Yunus PCA:

I have had the opportunity of reading the draft judgments of my learned brothers Chong Siew Fai, CJ (Sabah & Sarawak) and Mohamed Dzaiddin FCJ.

My learned brother Mohamed Dzaiddin, FCJ concluded that the plaintiffs' appeal should be dismissed and the defendants' cross-appeal be allowed. My learned brother Chong Siew Fai, CJ (Sabah & Sarawak) on the other hand chose to allow the 1st plaintiff's (Kluang Wood) appeal and that damages be assessed. As for Chew, the 2nd plaintiff, his action was to stand dismissed. The cross-appeal by the 1st defendant (Hong Leong Finance) (to the extent relating to Kluang Wood) be dismissed.

As for myself, I am inclined to agree with the finding of my learned brother Chong Siew Fai, CJ (Sabah & Sarawak) and his reasoning in this appeal. However may I take the liberty to observe on the construction of the letter dated 26 October 1983 (AB 17-22) which was central to the issues raised in this appeal. My learned brother Mohamed Dzaiddin, FCJ said that the critical question here was whether the 1st defendant was legally obliged to secure the syndication of the end-financing of RM26 million. With the greatest of respect, the ma