Mohd Noor Ahmad FCJ:

1. In this appeal, leave to appeal was granted on the following questions:

(1) Whether the parties in a civil action in the High Court are bound by the agreement reached between them on the mode and manner of determining the issues which are the subject-matter of the proceedings in the trial court?

(2) Whether the said agreement by the parties to the action amounts to dictating to the court by the parties as to how it should conduct its proceedings?

2. (1) The dispute between the parties arose out of a written joint venture agreement (the agreement) entered into between both plaintiffs and the defendant on 17 December 1974. The plaintiffs were joint owners in equal shares of a piece of land held under EMR No. 2155, Lot No. 1189 in the Mukim and District of Klang, Selangor (the Land). Under the agreement the second plaintiff was to sell half of his undivided share of the land to the defendant. The defendant was to develop the land into a housing estate. Some of the obligations of the defendant under cl. 5 of the agreement are, that the defendant was required to apply for conversion of the land from agricultural to housing at his own expense, to cause or