V.C. George J:

This is an appeal against the O. 14 judgment that the plaintiff was granted in respect of the sum of 24310,707.91 claimed to have been incurred by the plaintiff as costs of the carriage, insurance and freight of shipping certain equipment from Port Klang to the United Kingdom.Interest and costs were also claimed and awarded.

By a written agreement dated 11 September 1985 the plaintiff had leased to the defendant certain specialised equipment for use in its business of the manufacture and supply of what is described as metal cladding and related systems relevant in the building and construction industry.The lease agreement further inter alia granted the defendant licensee rights in certain intellectual property belonging to the plaintiff pertaining to certain technical information and in respect of certain trade names.

The agreement was to be effective for a fixed term of 3 years and thereafter either party was entitled to terminate it by giving not less than 3 calendar months notice to the other.This was provided by clause 18(1).

Clause 17 per se gives the plaintiff lessor licensor the right to terminate the agreement if there is imposed what is referred to