The court determined that the appellant's claim was not plainly unsustainable despite challenges regarding legal compliance with mining regulations.

[1] The claim of the appellant was struck out by the High Court at Kuala Lumpur, on the application by the respondent pursuant to O 18 r 19 of the Rules of 2012. The striking out order was made on the basis that the contractual relation between the parties was tainted with illegality, and hence no right of claim under such a contract would be sustainable. Against this order the appellant's appeal was heard before us. We, however, agreed with the appellant that its claim is not plain and obviously unsustainable. We, therefore, allowed the appeal of the appellant and set aside the Order of the learned judge. Consequently, we remitted the case to be set for trial at the Kuala Lumpur High Court.