Gopal Sri Ram JCA:

This is quite a simple case. But it has become utterly confused because of the way in which the plaintiff presented its case in the court below.

For convenience, we will refer to the parties according to the title assigned to them in the court below. This is the defendant's appeal.

The essential facts of this case are as follows.

The defendant is a limited company. It was keen on acquiring land to build a factory. It saw an advertisement in a newspaper placed by an estate agent - a Mr. T.K. Wong, carrying on business as Wong Tai Kong Realty - whom we will refer to as "Wong". The advertisement referred to certain land at the Jalan Kelang Lama area as being available for purchase. The land in question was owned by the plaintiff. By pre-arrangement, the defendant's representatives visited the land. Wong accompanied them. There was some discussion about the availability of access to the land in question. As found by the learned trial judge - a finding of fact that is accepted by both sides before us - Wong represented to the defendant's representatives that the land had access to the main road. This was an important fact because, absent access, the land was