T Kulasekaram J:

The plaintiff in this action was involved in a traffic accident on 18 November 1970 when he was run into by motor scooter registered No. SAK 5224, ridden by one Lim Ser Hock. As a result of this accident he sustained personal injuries.

The defendants during all the material time are the partners of the firm of Hilborne & Co. advocates and solicitors practising as such in Singapore.

In late November 1970 the plaintiff engaged the defendants' firm to act for him in making a claim and if necessary in taking proceedings for damages against the said Lim Ser Hock arising out of the traffic accident.

It was alleged by the plaintiff that the defendants had negligently and in breach of the implied term of their engagement by the plaintiff failed to take due steps to have the writ of summons served on the said Lim Ser Hock before 7 August 1974 on which date the action against the said Lim Ser Hock for damages arising out of the said traffic accident became statute-barred. The plaintiff claims damages against the defendants.

The defendants in their defence denied liability.

The main witnesses on the issue of liability were the plaintiff New Ching Kee and Lee Hie