Vernon Ong JC

[1]Aw Boon Hwa (‘the defendant’) is the registered owner of the land held under EMR 5199 Lot No 7839 Mukim Tanjung Sembrong, Daerah Batu Pahat, Johor (‘the land’). By a joint venture agreement dated 7 November 1994 (‘the JVA’) entered into between the defendant and Poh Boon Construction Sdn Bhd, (‘the plaintiff’) the plaintiff agreed to develop the land into a housing and/or industrial estate. The plaintiff contends that the defendant breached his obligations under the JVA and is claiming for (a) a declaration that the JVA is null and void, and (b) loss and damages. On the other hand the defendant contends that the plaintiff breached their obligations under the JVA and counterclaims for (a) the return of the document of title to the land, (b) the removal of a caveat lodged by the plaintiff over the land, and (c) vacant possession of the land.

THE FACTS AS PRESENTED BY THE EVIDENCE

[2]The JVA was prepared by Mr Lim Kian Ser (‘DW2’) of Messrs Chin Hin Lam & Co solicitors for the defendant. On 7 November 1994 the defendant executed the JVA and the power of attorney which was subsequently registered at the Johore Bahru High Court. On or about 10 December 1994 the defendant e