(delivering the Judgment of the Court): This was an application by the respondents under section 74(1)(a)(i) and (ii) of the Courts of Judicature Act 1964 (as amended) for conditional leave to appeal to the Yang di-Pertuan Agong.

In the High Court, quantum of damages was agreed but liability for the accident was disputed by the appellants. At the conclusion of the trial the learned judge gave judgment in favour of the respondent. On appeal to the Federal Court the finding of the learned trial judge was reversed and the appeal was allowed.

We have perused the judgments of the High Court and the Federal Court and in our opinion, the intended appeal involved substantially factual grounds and in the exercise of our discretion, leave to appeal ought to be refused on the facts of this case.