NH CHAN J This case was commenced by originating summons but subsequently it was continued by order of the court as a writ action with pleadings to be filed.

On 7 December 1993, the Supreme Court had allowed (in Supreme Court Civil Appeal No 02-368-1992) an appeal by Sri Alam Sdn Bhd against the judgment of the High Court dismissing its claim against Newacres Sdn Bhd. The case was also ordered to be remitted for trial before another judge of the High Court to determine the extent of the fiduciary duties in the case and any breach thereof, and to assess what sum of money or other entitlement, if any, which the appellant is entitled to receive from the respondent.

By a letter dated 21 December 1993, Gunn Chit Tuan CJ (Malaya) has appointed me to try this case on a priority basis. In that letter, the former Chief Justice also enclosed the decision made by the Supreme Court which I reproduce below:

Supreme Court Civil Appeal No 02-368 of 1992 (Mahkamah Tinggi Saman

Pemula No C189/1985)

Sri Alam Sdn Bhd ... Perayu

Newacres Sdn Bhd ... Penentang

Coram: Gunn Chit Tuan CJ (Malaya), Mohd Azmi SCJ, Mohamad Dzaiddin SCJ

Unanimous Order