Mohd Azmi Kamaruddin SCJ:

[1] The present dispute between the appellants (hereinafter referred to as "the Wongs") and the respondents, (hereinafter also referred to as "the former solicitors") has its roots in 1978 when the Wongs were sued in the Kota Bharu High Court by Lian Mah Trading Agency Sdn Bhd ("the Company") for general and special damages in an action for wrongful seizure and sale of goods, namely Komatsu Angle Dozer, of which the Company had claimed to be the owners. The Wongs who were then represented by the respondents, had denied the various allegations in the statement of claim, and pleaded in their defence that the Komatsu Angle Dozer actually belonged to one Syarikat Perusahaan Berangkat Sdn Bhd ("the Syarikat") against whom they had the right of seizure and sale. They also pleaded waiver on the ground that the Company had not filed any objection proceeding against the auction sale. When the 1978 case came up for hearing before Mohamed Zahir J, on 16 May 1981, neither the Wongs nor their then Counsel, Mr Bhagwan Singh (the 1st respondent herein) a partner of M/s Lim Soh Wah, Bhagwan & Partners, were present, resulting in default judgment being entered again