Hasnah Mohammed Hashim FCJ:

Introduction

[1] The appeals concern the application of s 75 of the Contracts Act 1950 ( CA ) in relation to the assessment of damages arising out of a termination of an agreement. There were two appeals before us, namely Civil Appeal No 02(f)- 90-10-2018(W) and Civil Appeal No 02(f)-92-10-2018(W) both appeals by Tekun Nasional, the defendant in the High Court suit. For ease of reference the Civil Appeal No 02(f)-90-10-2018(W) will be referred to as the 'MG Appeal' and Civil Appeal No 02(f)-92-10-2018(W) is the 'SI Appeal'. In this judgment Tekun Nasional will be referred to as 'Tekun' and Plenitude Drive (M) Sdn Bhd will be referred as 'Plenitude'.

Preliminary Objection

[2] At the commencement of the hearing of the appeals, learned counsel for Plenitude raised a preliminary objection with regards to the appeals before us. Learned counsel contended that the Notice of Appeal ('NOA') filed by Tekun is confusing as there is an alternative prayer. The NOA reads as follows:

(1) The whole of the decision in the MG appeal and the SI appeal that the alleged contract between Tekun and the respondent ("PDSB") dated 18 September 2014 ("the contract") was valid