JUDGMENT

I. APPEAL

This is the defendant's appeal, in enclosure (13) against the decision of the learned senior assistant registrar who has on 27 April 1999 allowed the plaintiff's application in enclosure (4) pursuant to O. 27 r3 of the Rules of the High Court 1980, and made the following orders:

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(a) refund to the plaintiff of the sum of RM120,000.00;

(b) interest at 8% per annum with effect from 12 October 1995;

(c) damages for breach of contract;

(d) damages for fraudulent misrepresentation

In this judgment, I shall refer to the appellant as the defendant and the respondent as the plaintiff.

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II. SUBMISSION FOR DEFENDANT

Encik Mohd. Omar bin Hussien learned counsel for the defendant submitted that the admissions if any made in the defendant's defence and counterclaim are qualified or conditional admissions. He added that the defendant has admitted executing the sale and purchase agreement made between the defendant and the plaintiff on 2 October 1995 ("the agreement") for the property held under H.S. (D) 75033, P.T. 657 Mukim Damansara together with a double-storey terrace house erected thereon ("the property"), but the said sum of RM120,000 was not received f