Abdul Hamid Mohamad FCJ:

[1] I have the advantage of reading both the judgments of my brothers Augustine Paul FCJ and Abdul Aziz Mohamad FCJ. I agree with them that the appeal be allowed with costs here and below and that the orders of the Court of Appeal be set aside and the orders of the High Court be restored. As for the reasons, I associate myself with those given by my brother Abdul Aziz Mohamad.

Augustine Paul FCJ:

[2] This appeal raises for consideration the extent to which decisions of the Lembaga Akitek Malaysia ("LAM") can operate as res judicata and the effect of a contract where one party disables himself from performing his part.

[3] The facts of the case as found by the courts below are as follows. The defendant (the respondent in this Court), formerly known as Bandar Incorporated Development Sdn Bhd, was at all material times, the registered proprietor and beneficial owner of all the pieces of land held under GM 755 Lot 19, GM 776 Lots 23 and 25, GM 872 Lot 34, GM 753 Lot 21, all in s 95A Town of Kuala Lumpur ("the lands"). In 1982 the plaintiff (the appellant in this Court) was appointed by one Lim Pak Tow & Sons Realty Sdn Bhd ("Lim Pak Tow") to submit plans fo