Lamin Mohd Yunus PCA:

I have had the privilege of reading the draft judgment of my brother judge Peh Swee Chin, FCJ and with respect I entirely agree with him as to the result in that we uphold the order of the Court of Appeal and that the appeal is therefore dismissed. The High Court below at Kota Kinabalu decided in favour of the appellants who brought this action as plaintiffs before the said court by way of an originating summons.

The facts of the case have been gone into in some length by the Court of Appeal in its judgment and to some extent by my brother judge Peh Swee Chin, FCJ and so I do not propose to repeat them unless when I find it necessary to do so. The High Court declared that the Federal licence of January 1995 was within the scope of the 1987 Agreement. In other words the 1987 Agreement remained valid and enforceable even in the face of the terms of the said Federal licence on the ground that the terms of the licence could be implied into the agreement. However the Court of Appeal did not agree with the finding of the High Court and after dealing extensively with the legal principles relating to implied terms it came to the conclusion that the 1987 Agre