JUDGMENT

Zabariah Mohd Yusof FCJ:

A. Introduction

[1] This is the appeal by the appellant/defendant against the decision of the Court of Appeal (COA). The COA allowed the appeal of the respondent/ plaintiff and set aside the decision of the learned trial judge, who decided in favour of the appellant/defendant.

[2] In this judgment, parties will be referred to as they were in the High Court.

[3] The Federal Court had granted leave to the defendant for the following questions of law:

"1. Whether the court, in interpreting the meaning of particular directions or conditions issued by a local authority in the exercise of its statutory power under s 70 of the Street, Drainage and Building Act 1974, is in fact forming an opinion as to usages of any body of men or meaning of words used by particular classes of people, having regard to s 49 of the Evidence Act 1950 and as such the court is entitled to rely on the opinions of persons having special means of knowledge.