Introduction

[1] This is an appeal from the whole of the majority judgment of the Court of Appeal that upheld the judgment of the High Court after a full trial of the matter that arose out of a contractual dispute. This appeal also raises the important question of restitutionary remedy and the law of unjust enrichment, originally also called the law of restitution.

[2] We will describe the parties in this judgment as they appear in the High Court, namely the appellant as the defendant and the respondent as the plaintiff.

[3] The subject matter of the dispute between the parties revolved around the termination of a sale and purchase agreement for a parcel of land ("the land"), where the registered proprietor Atlas Housing Sdn B