[10] On 9 July 2014, the parties entered into a consent judgment before Supang Lian J. See Bundle B, p 39. At that time, the defendant appeared as counsel for Hong Kong Realty Sdn Bhd.

[11] The parties agreed that they would carry out and perform the Development Agreement dated 9 May 1998, with the time to perform to be extended.

[12] It was further agreed that Hong Kong Realty Sdn Bhd would resubmit new subdivision plans in relation to residential houses and 52 units of three- storey shophouses. There is no evidence that the subdivision has taken place or that the properties have been developed.

Basis For The Defendant's Caveat And Counterclaim

[13] Returning to the present proceedings, the defendant averred that the parties herein had entered into two agreements.

[14] In respect of the 1st agreement, the defendant referred to a warrant to act dated 13 November 2007. It was brought up by way of an amendment. See para 5 of the Amended Defence and Counterclaim, p 64 of the bundle of pleadings marked as BP. The warrant to act bears the plaintiff's seal and was purportedly exe