[1] Leave was granted to appeal against the order of the Court of Appeal in respect of the matter decided by the High Court in the exercise of its original jurisdiction, on the following question:

"Where an agreement is silent as to the time for performance of a promise thereunder, whether a breach of the promise occurs, without any notice, after the expiry of a reasonable time pursuant to s 47 of the Contracts Act 1950 (Act)."

[2] The pertinent facts could be summarised as follows. In 1979 and in 1982, one Carima Binaan Sdn Bhd (Carima) had entered into agreements with the proprietors (proprietors) of lots 3660, 2100 and 2043 (lands) in the Mukim of Pontian, Johor to develop those lands into a housing estate (joint venture). Carima failed to carry out the joint venture. Rather, instead, in 1989, Carima sold their interest in the joint venture to one MDV Properties Sdn Bhd (MDV). Lots 3660 and 2100 by then had been subdivided into 115 individual lots. But MDV also failed to see through the joint venture. It was then orally agreed between MDV, appellant and respondent that MDV would sell those lands to the appellant upon terms that the appellant would settle the outstanding debt (RM1.