JUDGMENTBY: EDGAR JOSEPH JR SCJ(DELIVERING THE JUDGMENT OF THE COURT)

The primary issue which arises for decision in this appeal is whether there was a concluded contract between the appellant as employer and the respondent as contractor, to construct and develop low-cost houses and shophouses for the appellants workers, in the Mukim of Dengkil, the District of Sepang, State of Selangor.

The appellant, who was the defendant in the court below, is a public limited company incorporated in Malaysia with its registered office at 16, Jalan Tangsi, Kuala Lumpur.

The respondent, who was the plaintiff in the court below, is a private limited company incorporated in Malaysia with its principal place of business at 448, Jalan Pudu, Kuala Lumpur, carrying on the business of building and general contractors.

It would be more convenient to refer to the appellant and the respondent as the defendant and the plaintiff, respectively.

The record provided shows that in March 1981,the plaintiff had entered into negotiations with a third party, Malaysia Mining Corp Bhd (MMCB), a majority shareholder of the defendant, to develop and construct low-cost houses and shophouses for the defendants workers her

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