JUDGMENT

Introduction

[1] This appeal raises the questions whether the law in Malaysia regarding termination clauses ought to be strictly interpreted, and whether headings in a contract can be used to assist in the interpretation of that contract.

[2] On 9 May 2019 this Court granted leave in respect of these two questions:

Question 1

Whether the law in Malaysia should be that termination clauses ought to be construed strictly; and

Question 2

Whether headings in a contract can be used to assist in the interpretation of the contract.

[3] At the commencement of the hearing of this appeal, learned counsel for the appellant had applied by an oral application to include an additional question for this court's consideration and determination. This oral application, however, was objected by learned counsel for the respondents. The proposed additional question is as follows:

In a sale of shares of a company (that is in liquidation), whether time for payment of the balance purchase consideration is suspended in the face of the operation of s 223 of Companies Act 1965 (CA).