Edgar Joseph Jr FCJ:

The Background Facts

[1] This judgment relates to the proceedings which were a sequel to the judgment of the Supreme Court, dated 23 February 1993, reported under the name of Tan Sri Khoo Teck Puat & Anor v. Plenitude Holdings Sdn Bhd in the Malayan Law Journal, the citation being [1993] 1 MLRA 144, [1993] 1 MLJ 113, and arose in this way.

[2] In the High Court at Johor Bahru, on 23 May 1992, the learned Judge had, in a persuasive judgment (reported in [1992] 2 MLRH 290, [1992] 2 MLJ 68), made an order for specific performance of a contract for sale and purchase of land dated 20 August 1984, ("the Agreement") whereby the second defendant Rumah Nanas Rubber Estate Sdn Bhd ("the Vendor") had agreed to sell to the plaintiff Plenitude Holdings Sdn Bhd ("the purchaser") certain land comprised in Lot No 295 held under grant no 17259, situated in the Mukim of Tebrau, in the district of Johor Bahru, in the state of Johor, in area approximately 1,000 acres ("the land") at a price of RM47,939,958. The Judge had made a further order that the Vendor do pay damages to the purchaser to be assessed for wrongful termination of the Agreement and yet another order that th