Lee Hun Hoe (Borneo) CJ:

This is an appeal against the dismissal by the learned Judge on a retrial of a claim for damages with costs. The action was earlier dismissed with costs by the learned Judge on 6 November 1972. This Court dismissed the appeal on 13 March 1973 but made an order remitting the case back to the High Court for retrial on the issue of damages for breach of contract as pleaded in para. 15 of the amended statement of claim.

Paragraph 15 reads:

15. Further and in the alternative the plaintiff says:

(a) It was expressly and/or impliedly provided by the agreement that in the event of the plaintiff being successful in procuring Shin Fung (Borneo) Co. to enter into an agreement with the defendant firm to extract and purchase timber in forest area covered by Licence No. T/0015, the plaintiff should thereon become entitled to his service and entertainment fees and his commission as stated in the said agreement for a period of ten years or

until the total production of logs up to fifty thousand tons or alternatively that the defendant firm should not by any default on his part after the plaintiff's work as referred to in para. 5 herein was complete deprive