Mahadev Shankar JCA

This is an appeal by Prestasia Sdn Bhd ('the company') against the dismissal of their claim for tribute from the respondent, Mow Wai Lan ('Mow') under a quarry lease agreement.

In February 1992, the company had secured the rights to operate a quarry on a piece of land ('the land') within the Bukit Cerakah Forest Reserve, on the terms set out in a letter dated 21 February 1992 from the Forest Department of Selangor.

The exploitation of these rights became the subject matter of a formal agreement between the parties dated 18 August 1992 ('the agreement'). Mow was represented by Shearn Delamore & Co ('Mow's previous solicitors') and the company was represented by Messrs LE Tan & Co ('the company's solicitors'). The agreement is a formal document running into some 11 pages. Quite simply, the objective of the agreement was for the company to make over all its mining rights to the land to Mow. This objective was achieved in the agreement by providing that the company would give Mow an irrevocable power of attorney to conduct all the required operations on the land by way of a lease for 30 years. Upon the execution of the agreement, Mow was required by cl 9 of