JUDGMENT

Richard Malanjum JCA:

Before us is an appeal by the appellant/defendant ('defendant') against two decisions of the learned judge in the court below.

The first decision ('the first decision') is in respect of the granting of summary judgment pursuant to O. 81 of the Rules of the High Court 1980('RHC') to the respondent/plaintiff ('plaintiff) for the refund of the sum of RM608,751 ('the deposit') being the deposit paid by the plaintiff as the purchaser to the defendant as the vendor in connection with the sale and purchase agreement dated 21 July 1997 ('the agreement') for a piece of an industrial land held under GM 443 Lot 1010 in the Mukim of Cheras in the district of Hulu Langat ('the said land').

The second decision ('the second decision') is in connection with the application by the defendant for summary judgment on its counterclaim under O. 14 of RHCto remove the caveat of the plaintiff lodged against the said land. Based on the preliminary objection of the plaintiff the learned judge dismissed the application.

The pertinent terms in the agreement are as follows:

(a) that by cl. 1(a)(i) the deposit represented 10% of the purchase price of the said land;

(b) that by cl.