(Malaya) Ltd [1964] MLJ 290 had signifies that where A is the agent of B and gets into a contract with C who is the third party, the actual parties to the contract would be B and C and not A and C. Where the third party does not have knowledge or understanding in relation to the existence of agency on the part of the person they have entered into a contract with, they can choose either the agent or the principal as the party to the contract.