This is my oral judgement:(ex-tempore)

This is an appeal by the plaintiff against the decision of the Deputy Registrar in dismissing the plaintiff's application for summary judgment.

The plaintiff's claim in so far as his statement of claim shows, arose from an oral agreement for him to participate in the defendant's company which was at the material time involved in property development. The plaintiff had paid the defendant company the sum of RM1.6 million in furtherance of his intention to participate in that company. The participation did not materialize. The plaintiff now wants to recover back what he has paid in the defendant company.

The grounds for the appeal are as follows:

1. The defendant had expressly admitted receiving a sum of RM1.6 million from the plaintiff. See Exhibit "P-1" in Enclosure 6 plaintiff's supporting affidavit.

2. The defendant had agreed to return the sum of RM1.6 million by a contra of a bungalow lot owned by the defendant valued at RM1.773 million the balance of which had to be paid by the plaintiff. This is clear from the letter written by the plaintiff's solicitors dated 24 August 2005 and the reply received from the defendant dated 26.8.2005 Exhibi