Abdul Kadir Sulaiman J:

In this decision the appellant and the respondent for convenience are to be referred to respectively as the plaintiff and the defendant. The plaintiff took up a summons in the Sessions Court at Kemaman against the defendant for negligence. On 14 September 1998 the action was set down for mention to determine the date of the hearing of the suit. The plaintiff, represented by Messrs. Mahindar & Co. from Kuantan, Pahang, requested the assistance of a local counsel from Messrs. V.P. Nathan to mention the case on its behalf on that day before the Sessions Court to get the date of the hearing of the action. The solicitors for the plaintiff were subsequently informed by the solicitor who mentioned on their behalf that the hearing of the action had been fixed for 8 February 1999. However, on 8 February 1999 when the counsel for the plaintiff attended court for the intended hearing he discovered that the action was not on the cause list for the day. Upon inquiries made with the court registry, it was informed that the matter was actually fixed for hearing on 11 September