Introduction

[1] As this appeal concerns the tort of negligence involving the question of causation, it is appropriate from the outset to set out the facts of the case. In the course of this, for ease of identification we shall be describing the parties in their respective capacity in the proceedings in the High Court.

[2] The plaintiff was the owner of a plant nursery situated on a piece of land known as Lot 37527, in the Mukim of Kampar, Perak (the plaintiff's land).

[3] The 1st defendant was an operator of a quarry of a natural limestone hill known as Gunung Tunggal (the said hill) on a plot of land adjacent to that of the plaintiff. The registered proprietor of this land was the 2nd defendant.

[4] The 3rd defendant was