JUDGMENT

Abdul Wahab Patail J:

[1] By a writ of summons and the statement of claim dated 12 November 1997 the plaintiff claimed against the 1st defendant for the sum of USD2,000,000 or equivalent in Ringgit Malaysia due under an agreement on fees; or in the alternative, the sum of RM2,629,960.70 payable under the Plaintiff's bill No. 126/12/95 dated 7 December 1995, posted to the 1st defendant by AR Registered on 7 December 1995 and received by the 1st defendant on 8 December 1995. The plaintiff is a firm of advocates and solicitors. By submission on its behalf, the plaintiff abandoned the claim based on the agreement, and continued with its claim on the alternative.

[2] On 28 March 2007 this court directed the plaintiff and the 1st defendant to submit under O. 14A RHC 1980 on the following:

a) The validity and enforceability of the plaintiff's bill, and heard together with

b) The application (encl. 46) by the 1st defendant to strike out the plaintiff's claim.

[3] Briefly the facts not in dispute and relevant to the determination of the validity and enforceability of the plaintiff's bill are as follows:

a) The business done by the plaintiff for the 1st defendant is non-contentious work c