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 series of action in respect of the consent order and another action in suit no: 22-484-2006.

[3] Ever Noble's application in encl. 19 is supported by an affidavit in encls. 19 and 30. The acts of the firm and matters which Ever Noble alleges to be in breach of ethics of the profession and a breach of the law are as follows:

a) the solicitors of the firm has without authority entered appearance for the sixth defendant in Civil Suit No: 22-484-06.

b) the solicitors in the firm has advised the plaintiffs to disobey the consent order dated 9 September 2002 in suit No: 24-418-2001 and this is evident through suit No: 22-759-06 filed by Ever Noble against the firm together with some other parties.

c) the firm has put itself in a situation of conflict being the 'unseen hands' as alleged in the complaint filed by Ever Noble to the Lembaga Tatatertib Peguam.

d) the firm is a threat to Ever Noble and is full of hatred because of the suit 22-759-06 filed by Ever Noble against the firm and its partners.

[4] As for ground (a), Ever Noble has filed Civil Suit No: 22-484-06 against the Chairman and the Committee Members of the Persatuan Pembeli-Pembeli Rumah Kuda Lari. The firm has entered appearance for all the defendants in that suit and Ever Noble claims that the firm has by so doing acted unprofessionally and has breached the provisions of the Rules because one of the defendants, one Mr. Lim Keat Lee has not authorized or appointed the firm to act on his behalf. The said Mr. Lim Keat Lee has written to Messrs Ismail Khoo & Associates informing that he had never appointed the firm to act for him in the said civil suit. Ever Noble's counsel in the instant case has taken up the issue and has lodged a complaint to the Lembaga Tatatertib Peguam against the firm for acting without authority for the said Mr. Lim Keat Lee.

[5] As for ground (b), Ever Noble has filed an action in Civil Suit No: 22-759-06 against the firm and its solicitors together with 13 others as defendants. These 13 other defendants are the Committee Members of the Persatuan Pembeli-Pembeli Rumah Kuda Lari. In its statement of claim against the said defendants, Ever Noble claims that the firm as advisors to the Committee Members has instigated and collaborated with the Committee Members to defile them and to disobey and disregard the consent order dated 9 September 2002. Having perused the statement of claim/writ in Civil Suit No: 22-759-06 it is evident that what Ever Noble is seeking is to injunct the firm from acting in conflict and/or conspiring against them. Putting it very simply, what essentially Ever Noble is doing is merely persuading the court to disqualify and/or prevent the firm from acting for those whom it represented in Suit No: 22-484-06. There is very strong resemblance and similarity in