[1] The appellant's (plaintiff 's) appeal is against the decision of the learned High Court judge dismissing its claims against the respondent (defendant) on the ground that the claim is on the face of it obviously unsustainable.

[2] By reason of the nature of the appellant's claims against the respondent, we find it necessary to give the factual matrix of the matter in some detail.

[3] The respondent in 1998 offered to sell 400 acres of land to the appellant at the rate of RM28 per square foot. On or about 3 November 1998, a valuation of the land (land status was development and approved for industrial and commercial use) was carried out by 'Jabatan Penilaian dan Perkhidmatan Harta' (JPPH). JPPH valued and reported the rate of RM13.50 per square foot (with land reclaimed and without main access road and without infrastructure) and at the rate of RM17 per squa