One Hock Thye FJ:

In the High Court at Kuala Lumpur the respondent was awarded the sum of $12,523 and costs for damage claimed to have been sustained by him as the result of the appellants' negligence in causing pollution of a fish pond by discharging tailings thereinto from their adjacent mine. This is an appeal against such judgment.

The decision of this appeal requires little more than a brief statement of the facts. The respondent alleged that he was in business rearing fish for the market. In 1964 he was the holder of "Temporary Occupation Licence of State Land or Land Alienated for Mining Purposes". This type of licence is not valid beyond 31 December of the year of issue, unless renewed. It was in fact never renewed, but cancelled by the Collector of Land Revenue, as he was empowered to do by law, on 23 October 1964. Official notice requiring the respondent to vacate could not be served till 11 January 1965 but this was through his own fault, as he could not be found earlier. On or about 28 October 1964 the appellants were informed by letter from the collector that the respondent's licence had already been cancelled. The appellants were duly issued a licence for Hy