JUDGMENT

Tee Geok Hock JC:

(Enclosures 18 and 1)

Background Facts

[1] In or about 2007, the Plaintiff was granted a use permit ("Use Permit") Under the National Forestry Act 1984 (" NFA ") in respect of Compartment 82, Bukit Sungai Puteh Forest Reserve ("the Land"). The Plaintiff then erected a telecommunications transmitter station and tower ("Tower") on the Land. The Tower was installed by the Plaintiff pursuant to valid licenses held under the Communication and Multimedia Act 1998 ("CMA") and at all material times, and the Tower constitutes a network facility within the meaning of the CMA. [see para 6.1 of the Defendant's 1st Affidavit, paras 10.2 to 10.3 of the Plaintiff's 1st Affidavit, para 7.2 of the Plaintiff's 2nd Affidavit, a copy of a Use Permit dated 22 November 2007 in Exhibit AF-2 and a copy of a Plaintiff's network facilities license on Exhibit AF-3]. See also paras 1 and 2 of the Statement of Agreed Facts (Enclosure 47)

[2] The terms of the Use Permit stated inter alia that the Use Permit can be revoked by the Forestry Department at any time, and the Plaintiff shall have no claim for day damages or compensation for such revocation: see paragraphs (q) and (r) in Lampira