FEDERAL COURT PUTRAJAYA
DETIK RIA SDN BHD – Appellant
Versus
PRUDENTIAL CORPORATION HOLDINGS LIMITED & ANOR – Respondent
| Table of Content |
|---|
| 1. validity of share option agreements. (Para 1 , 2 , 3) |
| 2. minister's consent is required for share transfer. (Para 8 , 9 , 10 , 15 , 19 , 22) |
| 3. interpretation of contracts and regulatory approvals. (Para 30 , 34 , 37 , 40 , 42) |
| 4. effects of conditional contract performance. (Para 46 , 74 , 90) |
| 5. liability for undue advantage from void contracts. (Para 180 , 181) |
[1] These are our full grounds of judgment delivered after the issuance of our ex tempore grounds handed down immediately after the hearing of this appeal on 30 July 2024.
[2] The pivotal issue in this appeal turns on:
(i) whether two call and put option agreements in relation to the acquisition and disposal of a 49% shareholding in the controller of an 'insurer' as defined under the Insurance Act 1996 , are valid conditional or contingent contracts, and can consequently be specifically performed notwithstanding the non-procurement of the consent of the Minister of Finance; or
(ii) whether these agreements are invalid and cannot be specifically enforced for that same reason, namely the non-procurement of the consent of the Minister of Finance under s 67 of the Insurance Act 1996 .
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