[1] This is the plaintiff, S Quarry Sdn Bhd's appeal against the decision of the learned judicial commissioner (JC) of the High Court in (i) dismissing the plaintiff's claim for damages for breach of contract against the defendants Desaru Development Holdings One Sdn Bhd (the 1st defendant) and Desaru Development Corporation Sdn Bhd (the 2nd defendant) and (ii) allowing the counter claim of the 2nd defendant and nine related companies against the plaintiff.

The Salient Facts

[2] Following the plaintiff's proposal contained in a letter dated 16 January 2012, the 1st defendant issued a letter of award dated 19 January 2012 (the LOA) to the plaintiff whereby the 1st defendant agreed to allow the plaintiff to carry out site clearing and excavations works on two plots of land identified jointly as 'Phase 3 lands'. It was also agreed that the plaintiff would pay to the 1st defendant RM8.00 per tonne for rock materials extracted therefrom. The Phase 3 lands are registered in t