[1] The appeal before us relates to the issue of whether contracting parties can subsequently mutually agree to vary the terms of an initial agreement, including the agreement with regard to consideration.

[2] In this judgment, we will refer to the parties as they were in the High Court. In the High Court, the appellant herein was the defendant, whereas the respondent was the plaintiff.

The Issue

[3] The issue in the courts below and before us revolves around whether the agreement, ADW2, entered into between the plaintiff and the defendant was executed without consideration and therefore null and void under s 26 of the Contracts Act 1950 .

[4] The full trial was conducted at the High Court, which ended in the High Court holding in favour of the defendant, namely, that ADW2 was executed for the practical benefit of the plaintiff (i.e., from the defendant to the plaintiff). To put it simply, the High Court held that ADW2 was executed with consideration and was therefore valid. This decision was reversed by the Court of Appeal, which declared that ADW2 was null and void for want of consideration.

[5] The defendant was granted leave to appeal to this Court p