P.S. Gill J:

This application for assessment of damage is being made pursuant to an order made by me in my judgment delivered at the conclusion of the trial. The brief facts of the case are that by a sale and purchase agreement dated 20 August 1984 the second defendant, Rumah Nanas Estate Sdn. Bhd. agreed to sell to the plaintiffs, Plenitude Holdings Sdn. Bhd., a piece of Estate land at price of RM47,939,958. The plaintiff paid a deposit of RM4,793,995.80 but failed to pay the balance sum within the stipulated period of contract, or within the extended completion period. The second defendant then terminated the said agreement and forfeited the said deposit.

Having heard all the evidence I came to the conclusion that the termination of the contract by the second defendant was not valid and ordered specific performance of the contract for the sale and purchase of the land in question. The defendants appealed against my judgment and the Supreme Court dismissed the defendants' appeal and affirmed my judgment.

In my judgment I held that the first defendant on his own volition and acting for and on behalf of the second defendant had promised to secure a loan for the plaintiff