Visu Sinnadurai J:

[1] This case deals with the legal effect of two recording contracts entered into between the plaintiffs, Polygram, a recording company, and a group of young artistes known as The Search.

[2] The Court is also called upon to determine whether the principles applied by the English Courts in certain recent cases are equally applicable in Malaysia to the local music industry. I am given to understand that this is the first case of this nature, where the validity of such a recording contract is being considered by a Malaysian Court. This decision, I am told, therefore, has some important bearings especially to the recording and performing arts industry in the country.

[3] The validity of similar recording contracts as those entered into between the plaintiffs and the defendants, whereby a young artiste undertakes to record for a particular recording company for a specified duration, and upon terms and conditions imposed by the company, has come under close scrutiny in recent years, especially by the English Courts.

[4] In Schroeder Music Publishing Co Ltd v. Macaulay [1974] 3 All ER 616, the House of Lords upheld the decision of the Judge at first instance who ha