Rahmah Hussain J:

The plaintiff's claim in this suit is for professional negligence against the defendant, a firm of advocates & solicitors of the High Court of Malaya, which represented him in a suit in the Kuantan High Court Civil Suit No 57 of 1981. In the said suit, the plaintiff was sued by his sub-contractor Syarikat Than Thian Siong Sdn Bhd ('STTS') for non-payment of sums on accounts rendered. The said sub-contractor applied for summary judgment in the sum of RM105,782.50 but its application was dismissed by the learned senior assistant registrar on 16 April 1982. However, on appeal, the said decision was overturned by VC George J who held inter alia, that there was an account stated between the parties.

The plaintiff through the defendant as its solicitors appealed to the Federal Court vide Civil Appeal No 297 of 1982. The plaintiff's appeal was struck off on 26 September 1983 as the defendant was not present in court on that date. The defendant contended that the plaintiff has failed, on a balance of probabilities, to prove breach of duty as pleaded in allegedly failing to appear in the Federal Court. During the trial of this case before me, DW1 testified that t