THIS APPEAL coming on for hearing on the 5th day of December, 1985 in the presence of Dato' Kam Woon Wah (Mr. T. Kuhanandan and Mr. Kam Tai Keong with him) of Counsel for the Appellant and Mr. Gary Yuen of Counsel for the Respondents AND UPON READING THE RECORD OF APPEAL filed herein AND UPON HEARING Counsel as aforesaid IT IS HEREBY ORDERED that the Appeal in respect of liability be and is hereby dismissed AND IT IS FURTHER ORDERED that in respect of quantum the Appeal be and is hereby allowed as follows:

1) the Order of the trial judge that the Appellants pay the Respondents the sum of $94,500.00 which is three-quarters of M$126,000.00 as damages for loss of use be and is hereby set aside;

2) the Order of the trial judge that the Appellants do deposit in Court or to furnish a bank guarantee in terms acceptable to the Respondents for the sum of $450,000.00 which will be held in reserve until such time as the decision of the Court is rendered on the final estimates for the costs of remedial measures be and is hereby set aside;

3) that the Appellant do pay the Respondents a total sum of M$108,750.00 which is three-quarters of M$145,000.00 as damages;

AND IT IS ALSO ORDERED that the Appellant do pay the Respondents interest at the rate of 4% per annum from the date of filing of this suit until the date of payment AND IT IS ALSO FURTHER ORDERED that each party bears his own costs in respect of this Appeal only AND IT IS LASTLY ORDERED that the sum of $500.00 deposited into Court by the Appellant as security for costs of this Appeal be refunded to the Appellant.

GIVEN under my hand and the Seal of Court dated this 5th day of December, 1985.Sd. Soo Ai LinSenior Assistant RegistrarSupreme Court MalaysiaKuala Lumpur