JUDGMENT

Chan Sek Keong JC

This is an application under section 113 of the Legal Profession Act by one Shamsudin bin Embun ("the applicant") to set aside an agreement on costs of $15,000 ("the agreement") dated September 20, 1985 and made between the applicant and his solicitor, P.T. Seah ("the solicitor" which expression, for convenience, includes P.T. Seah & Co.).

The application is based on two grounds: (1) the agreement is unfair or unreasonable under section 113 of the Legal Profession Act (Cap. 217) and (2) the applicant did not know that the agreement was an agreement for costs, i.e. the plea of non est factum .

This application would normally have been dealt with in a summary manner. However, in view of the plea of non est factum, I decided to give both parties an opportunity to give oral testimony on this plea. They elected to do so. Accordingly, the evidence adduced in this case is found not only in my notes of evidence but also the affidavits filed by both parties.

The facts are as follows. On April 24, 1980, the applicant was injured whilst assisting in the loading of some pipes onto a lorry belonging to the first defendant at Jurong Port when some pipes pushed him off the l