GROUNDS OF JUDGMENT

1. The Plaintiff's claim against the Defendant is for unpaid consultant fees in the sum of RM767,700.00 as at November 1998 and for interest thereon from 1.12.1998 until full settlement and costs.

2. In supporting its claim, the Plaintiff pleads the following facts:

(a) the Defendant is the owner and developer of the development on Lots 10242 and 9337 at Mukim Batu, Daerah Gombak ("the Project"). The Defendant appointed the Plaintiff as the civil, structural, mechanical and electrical engineer ("Consultant Engineer") for the Project by the Defendant's Letter of Appointment dated 19.7.1990 and an undated and unsigned Consultancy Service Agreement prepared by the Defendant;

(b) the Plaintiffs fees were agreed at the rate of 2.5% of the estimated contract sum for the Project; as per paragraph 2 of the Letter of Appointment and Section 4.01 of the Consultancy Service Agreement;

(c) as at 11.8.1996, the balance outstanding consultancy fees payable to the Plaintiff was RM1,005,136.47 which the Defendant proposed to pay in 42 instalments from June 1995 until November 1998. This was agreed to by the Plaintiff as evidenced by the Plaintiffs signature on the Defendant's l