COURT OF APPEAL PUTRAJAYA
LIM WEN-CHIH & ANOR – Appellant
Versus
MYCOM BERHAD – Respondent
| Table of Content |
|---|
| 1. claim context and factual background. (Para 1 , 2 , 3 , 4) |
| 2. judicial approach to factual findings. (Para 6 , 10 , 11 , 12) |
| 3. grounds of appeal and claim assertions. (Para 14 , 15 , 16 , 17) |
| 4. principle of total failure of consideration. (Para 18 , 29) |
[1] The appellants, LIN WEN-CHIH and LIN WEN-CHUAN, appealed to this Court against the decision of the High Court given on 3 September 2010, where the appellants' claim against the respondent, MYCOM BERHAD, was dismissed with costs.
[2] Below is the summary of the appellants' pleaded case reproduced from the written submission for the appellants:
(a) The appellants were, at all material times, the registered and beneficial shareholders of 18,862,000 shares in a company known as Veramax Sdn Bhd ('Veramax');
(b) The appellants agreed to sell 12,750,000 ofthose shares, representing 51% of the paid-up capital of Veramax to the respondent ('the said sale') for a purchase consideration of RM55,000,000.00 ('the said purchase price');
(c) The said sale is reflected in a Share Sale Agreement dated 1 March 1996 ('the said Share Sale Agreement');
(d) Clause 3.1 of the said Share Sale Agreement stipulated certain obligations to be f
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