[1] The plaintiffs had been staying in the Meru Valley Resort ("resort") in Ipoh for a while in a rented place before they decided to buy one of their own. It is a new concept of living in a Golf Resort within a gated and guarded community developed by the defendant, a housing developer. There are common property, areas and facilities that all who are residents there could enjoy.

[2] The plaintiffs bought a vacant land known as Lot No 259 ("the said land") in the resort from a previous owner vide a sale and purchase agreement dated 7 December 2009. The plaintiffs wanted to tap into the water supply provided by the defendant. The defendant said that the plaintiffs must first sign a deed of mutual covenant where matters of utility services, guard and security services, use of common facilities and terms for the construction of one's home in the resort are set out. The plaintiffs refused and yet insisted that they are entitled to the water supply in any event and that it would be the tort of nuisance that the developer would have committed if it continued to prevent them from having access to the water supply.

[3] Both sides refused to budge and we see here how a simple disagreement has