20 Nov 2019
Yogananthy a/p A.S. Thambaiya Harta Pusaka Idris bin Osman
- Citation
- 02(f)-25-04/2018(J) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-25-04/2018(J) (Mahkamah Persekutuan)
The Federal Court affirmed the findings of the High Court and Court of Appeal that the tripartite agreement (which subsumed the 1987 statutory declaration) was a sham designed to conceal the real contracting party and to enable conflict‑of‑interest profiteering; the agreement was therefore void and unenforceable as being opposed to public policy under section 24(e) of the Contracts Act 1950, the appellant lacked a sustainable claim on the proven facts, and the courts below were not plainly wrong.