JUDGMENT

Hishamudin Yunus J:

[1] This case was originally heard before Hashim Yusof J (as he then was). At the commencement of the hearing, before the trial could proceed the defence raised a preliminary objection. After hearing submissions, the learned judge dismissed the preliminary objection and ordered the case to proceed to trial.

[2] The case then was adjourned to another date for the trial. However, before the trial date, Hashim Yusof J was transferred to another court. When I subsequently took over conduct of this case on 24 December 2003, it was agreed by parties that I should hear this case de novo.

[3] The plaintiff in the present case is a company duly appointed as an agent by the registered proprietors of a building known as 'Wisma SCA' to rent out, collect rent and manage the said building.

[4] The defendant is a private educational institution running a private college at Wisma Sim Lim in or about early 1988, and was considering alternative premises for its private college.

[5] The defendant intimated to the plaintiff that it was interested to rent Wisma SCA to be used as its private college. There was a meeting between the representatives of both sides. On 12 February 198