JUDGMENT

Ahmad Terrirudin Mohd Salleh FCJ:

A. Introduction

[1] These appeals raise novel points of law concerning the Malaysian position on the common law restitutionary doctrine of total failure of consideration in light of this Court 's prior rulings in Berjaya Times Square Sdn Bhd v. M-Concept Sdn Bhd; [2010] 1 MLJ 597; [2010] 1 CLJ 269 and Damansara Realty Bhd v. Bungsar Hill Holdings Sdn Bhd & Anor; [2011] 6 MLJ 464; [2011] 9 CLJ 257. These rulings have since been frequently applied by the lower courts and have garnered considerable attention from both legal scholars and practitioners. Much judicial and academic ink has been spilt analysing the legal developments introduced by these rulings. In this judgment, parties will be referred to as they were in the High Court .

[2] Through a letter dated 18 December 2024, the Registry of the Federal Court received an application from learned counsel for the Plaintiffs for these appeals to be heard by a panel larger than that which heard the above two (2) cases in light of the Plaintiffs' Leave Questions No 4 and 5. This request was granted.

[3] We heard the appeal on 24 January 2025 and, curia advisari vult, delivered our broad grounds