JUDGMENT

The plaintiff is a company which specializes in information technology and computers. The defendant was a company awarded a tender by the Ministry of Education ("the Ministry") with this rather long title, "Kontrak Penyelenggaraan Peralatan ICT Di Cawangan Jabatan/Bahagian Jabatan Pelajaran Negeri, Maktab Perguruan, Kolej Matrikulasi, Pejabat Pelajaran Daerah/Gabungan, Pusat Kegiatan Guru Dan Sekolah Di Bawah Kementerian Pelajaran Malaysia, Kod Tender 10/2006, Zon : Sarawak 9 - Bintulu" . The contract was for two years with effect from 15.3.2006 - 14.3.2008. It is the plaintiff's case that they have agreed with the defendant that this contract was a joint venture between them, which though unwritten, were in the following terms:

(i) the contract would be in the name of the defendant.

(ii) all the works under the contract would be performed by the plaintiff who shall bear all costs and expenses in its execution.

(iii) the ratio of payment would be 80 : 20 in favour of the plaintiff.

Pursuant to the said arrangement the plaintiff had set up an operation office located at No. 89, 1^st floor, Medan Jaya Commercial Centr