Augustine Paul FCJ:

[1] Metramac Corporation Sdn Bhd ("the applicant") is the defendant in an action initiated against them by Fawziah Holdings Sdn Bhd ("the respondent")vide Kuala Lumpur High Court Civil Suit No: D5-22-110-1995. The respondent's claim is for, inter alia, alleged loss of advertising rights and loss of income earned by the applicant from future contracts performed by the applicant. The applicant filed a counter-claim seeking, inter alia, various orders to declare null and void the agreements upon which the respondent's claim was premised. On 21 October 2003 the High Court found the applicant liable to the respondent for the loss of advertising rights. However damages were to be assessed by taking into consideration the advertising rights that may possibly exist under the replacement Concession Agreement. All other claims of the applicant were dismissed. The respondent's claim for loss of future contracts was also dismissed as being void for uncertainty.

[2] Both the parties appealed to the Court of Appeal. The applicant's appeal was registered as Civil Appeal No: W-02-1013-2003 and the respondent's appeal as Civil Appeal No: W-02-1009-2003. The appeals were