Edgar Joseph Jr J:

These proceedings are a sequel to the appeal from my judgment dated 7 November 1988, reported under the name of Alfred Templeton & amp; Ors. v. Low Yat Holdings Sdn. Bhd. & amp; Anor. [1989] 2 MLJ 202 and arose in this way:

When the appeal by the plaintiffs came on for hearing before the Supreme Court on August 1990, the hearing thereof did not proceed and, indeed, the Supreme Court stayed the same, pending compliance by the defendants/respondents with certain requirements specified in my judgment which were relevant to certain of the reliefs granted, within three months from that date, more particularly, these requirements related to the question of access from lots 48 and 55, Batu Ferringhi, Section 2, Penang, to the public highway known as the Batu Ferringhi Road.

For a better understanding of the issues which arise for consideration in these proceedings I should, perhaps, refer to certain background facts:

I had, by my judgment, held (at p.218 col.1G) that I was satisfied that the plaintiffs had succeeded in establishing liability in tort against both the defendants in so far as their claims in general damages for trespass, nuisance and injury to