[1] The appellant had lodged an appeal against the judgment of the Court of Appeal. Leave to appeal was granted by this Court on 15 June 2009 to determine the following question:

whether, in an agreement whereby the purchaser of land also appoints the vendor to carry out infrastructure works in the vicinity of the property for a fee but the completion of the sale and purchase of the property and registration of the transfer is independent of the completion of the infrastructure works and payment of the infrastructure fee, the infrastructure fee should form part of the consideration for the transfer or conveyance of the property under item 32(a) of the First Schedule of the Stamp Act 1949 .

[2] In order to appreciate the above question fully, a need arises for us to highlight in brief some of the antecedents and facts of the case, and they are as follows. BASF Services (Malaysia) ie, the appellant purchased a piece of property held under HS (D) 20021 PT NO 8030, Mukim Sungai Karang, Daerah Kuantan, Negeri Pahang (the property) from Perbadanan Kemajuan Negeri Pahang (PKNP) pursuant to an agreement dated 11 October 1997. The agreement carries the title "Purchase,