JUDGMENT

Collin Lawrence Sequerah JCA:

Brief Background Facts

[1] On or about 2015, the Appellant offered the Respondent, through a Mr Tan Peng Koon also known as Derrick, a representative of the Respondent, an opportunity to participate in a mining venture in the Philippines through an equity investment by acquiring 5% shares in Phil Alstron Mining Corporation ("PAMC") and Asia Alstron Mining and Development Corp ("AAMDC").

[2] A formal Agreement was reached dated 5 January 2016 where in exchange for a 5% share acquisition of in PAMC and AAMDC for a consideration of USD 5 million, a sum of RM2 million was transferred to the Appellant's account while the sum of RM2.8 million was transferred to the Appellant through several cash advances intended for operational expenses at the request of A.

[3] Although the sums of money were paid, the shares were not transferred despite extensions of time being given. There were also other breaches of the agreement by the Appellant resulting in the Respondent terminating the Agreement and bringing an action against the Appellant while seeking for several remedies.

[4] The Appellant sought to counter-claim against the Respondent. After a full trial, the