[1] Dato' Syed Ahmad bin Jamal (the plaintiff) is a highly respected and internationally well-known artist. He is the only artist to date who has been recognized by the Malaysian government by the award of the National Laureate for his contribution in the field of art in 1996. He is one of the pioneer artists who has defined the local art scene and set new standards of creativity. He is also the former director of the National Art Gallery. In 1996, he was also conferred the Panglima Jasa Negara for his outstanding contribution in the development of arts and culture of the nation.

[2] Pursuant to a commission by UMBC Harta Sdn Bhd in 1985, the plaintiff designed and completed a sculpture entitled "Puncak Purnama" ("Lunar Peaks") and the surrounding landscape on a vacant government land in Jalan Sultan Mohamad near UMBC building Kuala Lumpur. A sculpture is a three-dimensional manifestation of an artist's vision and idea whether in abstract, figurative or morphological forms, geometric or organic, in a medium or a mixture of media consistent with the concept and nuances or creation and sometimes making use of the ambient space or artificial trappings.

[3] The plaintiff