Balia Yusof Wahi J:

[1] Enclosure 19 in this suit is an application by the defendant (hereinafter referred to as Ever Noble) to disqualify the plaintiff's solicitors Messrs. Cheong Wai Meng & Van Buerle from acting in the matter. The ground stated in the application in encl. 19 is that the firm of Cheong Wai Meng & Van Buerle and its solicitors (hereinafter referred to as the firm) has breached rr. 3, 4, 5 and 43 of the Legal Profession (Practice and Etiquette) Rules 1978 (hereinafter referred to as the Rules). Ever Noble is also seeking that the plaintiffs pay the cost of this application.

[2] To substantiate its ground, Ever Noble alleges that the firm in advising and representing the plaintiffs has caused the plaintiffs to disobey a consent order dated 9 September 2002 in respect of Saman Pemula 24-418-2001 in the High Court of Pulau Pinang. It is counsel's submission that the firm has encouraged the house buyers to disobey the said consent order and/or alternatively encouraged the spirit of the said consent order to be ignored. It is further submitted that the plaintiff's counsel has placed themselves in a position of conflict when they stand to be witnesses in a serie