The Weekly Law Reports
[1968] 2 WLR 55
[PRIVY COUNCIL]
KEPONG PROSPECTING LTD. APPELLANT AND S. K. JAGATHEESAN AND OTHERS THIRD PARTIES APPELLANTS AND A. E. SCHMIDT (since deceased) AND MARJORIE SCHMIDT RESPONDENT
ON APPEAL FROM THE FEDERAL COURT OF MALAYSIA
1967 June 12,
13,
14,
15;
Oct. 3
Oct. 3
LORD GUEST, LORD WILBERFORCE, LORD PEARSON, SIR DOUGLAS MENZIES and SIR ALFRED NORTH.
Contract
— Consideration
— Definition
— Consideration moving from person other than promisee
— Jus quaesitum tertio
— Whether existing
— Malaysia
—
Contracts Ordinance (No. 14 of 1950), s. 2 (a) (b) (c) (d) (e).
Contract
— Consideration
— Elements
— Payment for services
— Claim for services to company “prior to … formation”
— Whether company able to bind itself to pay for services claimed to have been 56rendered before incorporation
— Inclusion of ineffective element not preventing another element from constituting valid consideration
— Services rendered after incorporation and before date of agreement to pay
— Valid consideration
— Malaysia
—
Contracts Ordinance (No. 14 of 1950), s. 2 (d).
Contract
— Formation
— Time
— Evidence
— Date on face of document
— Whether prima facie evidence of execution on that date
— Onus probandi of different date of execution lying on person seeking to establish execution on different date
— Malaysia.
Malaysia
— Federal Court
— Jurisdiction
— Evidence
— Finding of fact by trial judge
— Evidence amply supporting different finding
— Whether Federal Court bound to reach conclusion different from that of trial judge.