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1987 MarsdenLR 647

HIGH COURT MALAYA PENANG
TAN GEOK KHOON & GERARD FRANCIS ROBLESS – Appellant
Versus
PAYA TERUBONG ESTATE SDN BHD – Respondent


Petitioner Advocates:RJ Manecksha ,Respondent Advocate: Lim Cheng Poh

JUDGMENT

Edgar Joseph Jr J:

[1] Whether or not a contract has been made by a valid offer and acceptance during the course of correspondence can sometimes be a question not free from difficulty. The conventional approach to this question in the words of Lord Diplock in Gibson v. Manchester City Council [1979] 1 WLR 294 is that of "looking at the handful of documents relied upon as constituting the contract sued upon and seeing whether upon their true construction there is to be found in them a contractual offer to sell ... and an acceptance of that offer ...". It is this approach which I propose to adopt in determining the primary issue which arises for decision in this case.

[2] This brings me to a consideration of the particular circumstances of this case.

[3] The plaintiffs are the executors and trustees of the estate of Tan Tye Chek ("the deceased") who died on May 5, 1981 and have brought this action against the defendants, Paya Terubong Estate Sendirian Berhad, an incorporated family company, for specific performance of what is claimed to be a contract for sale of 20 acres of land comprised in part of what was originally Lot 59(1), later re-numbered Lot 2552 Mukim 13, North East D

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