Abdul Hamid Omar FJ:

Perbadanan Kemajuan Negeri Selangor is dissatisfied with the decision of Harun J who ordered them to pay the respondents Teo Kai Huat Building Contractor a sum of RM63,771.62 being general damages and a sum of RM71,280 as special damages.

On 21 December 1977, the respondents applied by way of summons-in-chambers for the appellants' defence to be struck out and liberty to enter judgment against the appellants. On 10 August 1978, Harun J made an order striking out the defence and a further order that a date for assessment of damages be fixed by the Senior Assistant Registrar. On 24 January 1979, the learned Judge awarded damages as aforesaid. Hence the appeal.

The facts, not seriously in dispute, are that the respondents are the owners of:

i) 3 units - 12 HP Air-cooled Diesel Driven Concrete Hoist

(Model IMMACO TA-2)

Serial Nos: 3809 SL217

7409161

7508171

ii) 2 units - Liner 1250 KG Dumper

Engine Nos: 2000-STI-A24

72-STI-A24

iii) 1 unit - 77 Winget PH 1 Concrete Mixer

Engine No: 55916

iv) 1 unit - 14 T Winget PH 2 Concrete Mixer Engine No: 37410

v) 1 unit - 7 TH/L Winget Concrete Mixer

c/w 6.6 Lister

Engine Nos: 1321 - LD2 - Z18.

Under the agreement date