Introduction

[1] The appeal before us is against the decision of the Court of Appeal dated 19 September 2013 in allowing the plaintiff's appeal against the decision of the High Court dated 12 October 2011. In this judgment, the appellant will be referred to as the 2nd defendant and the respondent as the plaintiff.

Background Facts

[2] The background facts of the appeal are summarised as follows

(a) the plaintiff at all material times was a manufacturer and dealer of paint and ink dispensing machines as well as other ancillary machines in Malaysia, with businesses established in China, Indonesia, Thailand, Hong Kong and other countries;

(b) the plaintiff was set up by the 1st defendant (who is not a party to the present appeal) in 1998, as a joint venture