Rohana Yusuf J:

[1]This is an appeal by the defendant in encl. 24 against the decision of the learned senior assistant registrar (SAR) who has allowed the preliminary objection raised by the plaintiff against Messrs Tee & Partners representing the defendant, on the ground of conflict of interest.

Brief Facts

[2] Encik Tee Han Cheong, a solicitor practising as a sole proprietor in the firm named and styled Messrs Tee & Partners, acted for the plaintiff in the preparation of a settlement agreement with the defendant. The settlement agreement was in respect of a settlement between the parties in relation to the sale and supply of cement by the plaintiff to the defendant from May 2000 to December 2004. On 26 July 2004, the defendant entered into the settlement agreement to settle part of the outstanding sum due to the plaintiff in the form of two units of shop lots. The plaintiff is now suing the defendant for a sum of RM1,139,579.81 being the balance outstanding under that settlement agreement. The same solicitor, Encik Tee Han Cheong, is now acting for the defendant in the present suit. The plaintiff raised objection on it and was allowed by the SAR. Dissatisfied, the defend