[1] This is the Plaintiffs application (encl 6) under O 14 of the Rules of 2012 ("ROC") for summary judgment of its claim for the refund of deposits forfeited by the Defendant following the Plaintiff's termination of the Agreements (as defined below).

[2] At the hearing before me on 1 June 2017,1 dismissed the Plaintiff's application for summary judgment. The reasons for my dismissal are as set-out herein.

Background Facts

[3] The Plaintiff is a Malaysian incorporated company whose shares are wholly owned by Yew Lee Seng Metal Pte Ltd a company incorporated in Singapore.

[4] The Defendant is a Malaysian incorporated company. It was wound up by Ann Joo Corporation Sdn Bhd on 20 January 2014. Mok Chew Yin and Ong Hock An, both of BDO Consulting Sdn Bhd (Liquidators), were appointed as joint liquidators of the Defendant on 26 February 2015 in place of the Official Receiver.

[5] Prior to the Defendant's winding up and for periods thereafter, the Plaintiff occupied four (4) plots of the Defendant's land in Johor (which included of two (2) pl