Chang Min Tat FJ (delivering the judgment of the Court):

The respondents, desiring to build a cement factory in Malaysia, imported some 6,000 tons of materials for the erection of this factory. They also required to build ki . Part of the machinery imported went to the fitting out of the twin rotary ki but the ki themselves were brick and mortar, materials obtainable locally and which did not form part of the importation from Japan.

For the erection of the ki the respondents called for tenders. Two tenders were received. They were from Lee Wah Trading Engine Works and Thum Yee. It is not a matter of dispute that these tenderers were shown all the documents necessary for the erection of the ki. They were (1) drawings, (2) an erection manual, (3) welding instructions and (4) the erection schedule.

The appellant is also a contractor but at the time of the calling for the tenders, he did not make any offer. That was for the simple reason that he was not aware of the tender notice. But (and this also is not a matter of dispute) he was subsequently told of this by his friend, one Ng Hong Heng, a director of the respondent company and at his suggestion, if not invitation, he