Raja Azlan Shah J:

The plaintiff, Wong See Kui, held a temporary occupation license (hereinafter referred to as a TOL) in respect of a pond situate on lot 3442, Mukim of Rawang, Selangor for use as a fish pond. The TOL No. 518047 was first granted in 1961 and had been renewed annually. It was valid on the date of the present action and was to expire on 31 December 1967. There was an outlet from the pond into Sungei Rawang.

On 18 March 1967 the senior inspector of mines, Selangor, issued a licence to the defendant company, Hong Hing Tin Mining Co., for mining operations in nearby land, namely lots 3517 and 4791, Mukim of Rawang, Selangor (Licence No. 59/67). This licence was effective from 6 February 1967 to 12 December 1967. The licence stated: "That all tailings be deposited on the land described in Schedule `B', vide attached plan" which was lot 3442. Accordingly, the defendant company constructed a pipe connecting their mine to plaintiff's pond for the discharge of tailings, slime, dregs and water.

From 12 February 1967, the defendant company started to dump into plaintiff's pond. On the next day, 13 February 1967, plaintiff wrote a complaint to the defendant company