Abdul Malik Ishak J:

The plaintiff sent a motor van JCY 5932 for repairs at the defendant's workshop. There was delay in repairing the motor van. Harsh words exchanged between the parties. The plaintiff wanted to take their motor van from the defendant's workshop but the defendant refused to accede unless the plaintiff settle RM1,267.

Mr. Gana Muthusamy, an advocate and solicitor, was engaged by the plaintiff and on the basis of that retainer he proceeded to the defendant's workshop accompanied by a representative from the plaintiff's company. At the defendant's workshop, Mr. Gana Muthusamy spoke to Tan Joo Khing and tried to persuade the latter to release the motor van belonging to the plaintiff with an undertaking by the plaintiff to settle all charges payable to the workshop but without prejudice to the right of the plaintiff to litigate the matter in a Court of law. The trip to the defendant's workshop proved futile. On 14 April 1997, Mr. Gana Muthusamy then issued a notice to the defendant demanding the release of the motor van within three days failing which the matter would be referred to the Court. On 30 April 1997, Tan Joo Khing proceeded to the law firm of M/s.