GROUNDS OF JUDGMENT

In his Originating Summons dated 22.11.2004 (enc. 2) the Plaintiff sought the following reliefs:

(1) A declaration that the award given by the 2nd and 3rd Defendants to the 4th Defendant pursuant to an open tender exercise by the 2nd and 3rd Defendants in relation to the entire issued and paid up share capital of 97,232,142 ordinary shares of RM1.00 each of Rahman Hydraulic Tin SDN BHD (RHT Shares) is null and void;

(2) That the aforesaid award is set aside;

(3) A declaration that the Sale of Shares Agreement and other related documents between 1st Defendant who is represented by the 2nd and 3rd Defendants and the 4th Defendant dated on or about 1.10.2004 for the purchase of the entire RHT Shares for a sum of RM15 million in cash is null and void;

(4) An order that the aforesaid Sale and Shares Agreement and other related documents thereof is cancelled within fourteen (14) days from the date of this order;

(5) In the alternative, if the transfer of RHT Shares to the 4th Defendant has been completed, a declaration that the said transfer of RHT Shares is null and void;

(6) An order that the 2nd and 3rd Defendants reconsider tenders made by the other remaining tend