JUDGMENT

Azizan Md Arshad J:

[After Full Trial]

[1] This is an appeal filed on 1 October 2025 by the appellant/defendant against the decision of this Court delivered on 23 September 2025 which allowed the plaintiff/respondent's claim and dismissed the appellant/defendant's counterclaims.

[2] This trial was carried out from 13 March 2023 and had concluded on 16 October 2024 with the testimony of three (3) witnesses for the plaintiff and four (4) witnesses for the defendant. The parties in this judgment are referred to as they were in the High Court .

Issues to be Tried

[3] Both parties agree that the following are the common issues that ought to be decided by this Court , namely:

(i) Whether the Joint Venture Agreement dated 4 November 1996 entered between Boon San Tong and Hun Meng (the said Agreement) has been terminated by reason of frustration and if so, whether Boon San Tong is entitled to the prayers prayed for in para 5(aa) to (ll) (or part thereof) of the Amended Statement of Claim.

(ii) Whether Boon San Tong is estopped from raising the issue of frustration due to the matters alleged in para 6A.3 of the Amended Defence and Counterclaim.

(iii) Whether Boon San Tong's claim founde