(Enclosure 1)

Hayatul Akmal Abdul Aziz J:

Introduction

[1] The parties are:

1.1 The plaintiff:

1.1.1 Is a company incorporated in Hong Kong with a registered business office in Malaysia; and

1.1.2 Its principal representative in Malaysia is one Tan Peng Koon (Tan), a shareholder and a director of the plaintiff.

1.2 The defendant:

1.2.1 A Malaysian individual; and

1.2.2 At the material time was a Director/Officer/Treasurer of Phil Alstron Mining Corp, Philippines (Co. No. CS201329172), (PAMC).

[2] In a nutshell, the facts are:

2.1 Sometime in 2015, the defendant offered the plaintiff, through Tan, an opportunity to partake in a mining venture in the Philippines via an equity investment by acquiring 5% shares in both PAMC and Asia Alstron Mining and Development Corp (AAMDC).

2.2 A formal agreement (the Agreement) was reached on 5 January 2016, where out of the total consideration for the 5% share acquisition of USD 5mil, a sum of RM2mil was transferred to the defendant's account towards the intended purchase under the Agreement, while RM2.8mil was transferred to the defendant via several cash advances intended for operational expenses at the request of the defendant.

2.3 This bargain was