A. Introduction

[1] This case raises, among others, two interesting questions as follows:

(1) whether the court can consider the oral testimony of a solicitor (X) regarding the meaning of a contract entered into by X's client (Y) when X had previously acted for Y in the negotiations and drafting of the contract; and

(2) when Y called X as a witness in a trial to give evidence regarding the interpretation of the contract executed by Y, has Y impliedly waived legal privilege attached to communication between X and Y regarding the contract under the second limb of s 128 of the Evidence Act 1950 ( EA )?

B. Background

[2] The plaintiff (Plaintiff) owns a double-storey bungalow situated at Lot 37409, Jalan Shahbandar 20/6, Bandar Mahkota Cheras, Mukim Cheras, Daerah Hulu Langat, Selangor Darul Ehsan (Property).

[3] Mr Tan Jia Yao (Jia Yao) is the sole proprietor of a business known as "UT Construction & Renovation" (UTCR). UTCR was initially the 3rd def