Edgar Joseph Jr SCJ:

[1] 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 appellant's workers, in the Mukim of Dengkil, the District of Sepang, State of Selangor.

[2] 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.

[3] 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.

[4] 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 Corporation Berhad ("MMCB"), a majority shareholder of the defendant, to develop and construct low cost houses and shophouses for the defendant's workers hereinbefore mentio