[1] The plaintiff is a well-known property developer in Sarawak with both housing and commercial projects in most of its major towns. Its Managing director, Datuk Toh Chiew Hock was in fact named as Sarawak State Entrepreneur for 2007. The defendant is an advocate who practised in the firm of Messrs. Ting & Ting Advocates. Way back in 1989, the plaintiff and the defendant entered into an agreement to develop the defendants land in Bintulu described as Lot 16 Kemena Land District ("the development agreement"). Under the development agreement, the defendant as the landowner was entitled to 26 units of houses developed on it. The plaintiff contended that a sum of RM250,000.00 was advanced to the defendant in order for him to discharge the charge on the land with Kong Ming Bank but the defendant defaulted in repayment of the said advance. The default led th