JUDGMENT

Wong Kian Kheong J:

A. Background

[1] On 28 December 2015, the applicant company (applicant) applied to the respondent for a temporary licence (lesen sementara) to operate an ice-making factory (applicant's Factory) at Lot 912A, Jalan Nagasari 36/10, Section 36, 40470 Shah Alam, Selangor Darul Ehsan (Land).

[2] The Land is owned by Dato' Sri Pathmanabhan A/L Mannar (Land Owner). The Land Owner is a director of the applicant.

[3] According to the register document of title of the Land:

(1) the Land is subject to a category of land use of agriculture [Category of Land Use (Agriculture)]; and

(2) there is an express condition that the Land can only be used for the cultivation of "general crops" (tanaman am) (Express Condition).

[4] On 28 January 2016, the respondent granted a temporary licence for the operation of the applicant's Factory until 31 January 2017 (Temporary Licence).

[5] Upon the applicant's application, the respondent renewed the Temporary Licence every year until 31 January 2019.

[6] The Temporary Licence stated that the respondent was entitled to suspend or revoke the Temporary Licence at any time without any reason and payment of damages [MBSA (respondent) berhak mengg