[1] In the COURT below, the Appellant's claim against the Respondents was for damages in the sum of RM899,190.13 plus RM26,202.55 plus RM13,691.70 (see page 86 of the Appeal Record), it being the alleged damages suffered by the Appellant on account of the negligence of the Respondents, who were the partners of a firm of solicitors known as Tetuan Mohd Ali & Co, to competently prosecute its winding up petition against its customer, one ODA Holdings (M) Development Corporation Sdn. Bhd. In short, the claim was founded on the professional negligence of the Respondents.

[2] In relation to that claim, the Appellant applied for and was granted summary judgment by the learned Senior Assistant Registrar. However, on appeal by the Respondents to Judge-in-Chambers, the learned Judge ordered damages to be assessed. Against that order of assessment by the learned Judge, the Appellant bank appealed.