JUDGMENTBY: RAJAH J

(delivering the judgment of the Court): The plaintiff company retained the defendant and his firm of solicitors of Messrs. Braddell Brothers, to act as solicitor for the plaintiff and its subsidiaries on various matters from early November 1975 to August 31, 1976, when the defendants services were terminated.

The defendant was to be paid a retaining fee of $ 1,500 per month from January to September 1976; this payment was however in addition to the fees payable to the defendant for work done by him for the plaintiff and/or its subsidiaries.

In August and September 1976 the defendant delivered to the plaintiff two lump sum bills of costs, brief particulars of which are as follows:

Date Bill No. Matter Amount

30.8.76 152/76 Loan of US$ 7.5 million $ 18,223.50

3.9.76 172/76 DBS Debenture $ 11,651.78

$ 29,875.28

On March 30, 1977 the defendant delivered to the plaintiff further 24 lump sum bills of costs, all bearing the same date, for a total sum of$ 447,761 in respect of other work done, brief particulars of which are as follows: --

Bill No. Matter Amount

67/77 Haw Par/Slater Walker Dispute $ 501,011.00

Less paid 119,500.00

381,511.00

68/77 Notarial Services 250.00

69/77 Pharmaceutical Division 1,400.00

70/77 Investigation of Air Tickets 750.00

71/77 Claim of Kuwait 200.00

72/77 Harry Crabbs Letter of Appointment 50.00

73/77 Appointment of Mr. Fam as Director of HPIF 150.00

N.V.

74/77 Perusing and Advising on Resolution granting 200.00

Mr. Fam Power of Attorney

75/77 Advising on Contract of Service of Managing 600.00

Director and Central Provident Fund related

thereto

76/77 Mr. Magnus 2,000.00

77/77 Perusing and advising on Resolution of HPHK 200.00

78/77 Notices on Meeting and Proxy Forms 150.00

79/77 Law Note on Resolution of HPBIL to borrow 400.00

US$ 71/2 million loan and Disclosures of

Directors Interest

80/77 Advice on Ratifying Resolution re Amendment of 400.00

Nominal Value of Convertible Preference Shares

81/77 Advice on Annual Report 450.00

82/77 Advice on Directors Remuneration disclosed in 150.00

Directors Report

83/77 Charter Consolidated (M) Sdn. Bhd. and Central 150.00

Mining Finance

84/77 Second Supplemental Deed Between Athea & 750.00

Central Mining Finance

85/77 M & G General Bill 5,000.00

86/77 M & G Gearing & Staffing requirements 500.00

87/77 Lockhart Road Building 2,500.00

88/77 Financing 7,500.00

89/77 London Tin & Reconstruction of Haw Par London 35,000.00

Ltd

90/77 Miscellaneous Matters 7,500.00

Total Amount $ 447,761.00

The plaintiff had during the period November 1975 to August 1976 paid the defendant sums totalling $ 119,500 for which sum the defendant gave the plaintiff credit in the aforesaid Bill No. 67/77. As a matter of arithmetic the 27 bills submitted to the plaintiff totalled in all to a sum of a little over $ 610,000 exclusive of disbursements. Apart from the payment of the said$ 119,500 the plaintiff made no further payments on the said bills as it was of the view that the amounts charged were grossly excessive.

Negotiations then ensued between the plaintiff and the defendant with a view to reaching agreement on the balance of profit costs claimed by the defendant. But unfortunately no such agreement was reached. The defendant thereupon started proceedings against the plaintiff in Suit No. 3731 of 1978 wherein he claimed payment of the sum of $ 477,636.28.

The plaintiff, for its part, then took out an originating summons against the defendant praying for: --

(a) An Order that the defendant do within 30 days after service of this

Order deliver to the plaintiff bills of costs in all matters of business

specified or referred to in the second column of the Schedule hereto attached

and that such bills as and when delivered be referred to the Registrar to be

taxed and settled and that the defendant do give credit for all sums of money

received by him from or on account of the plaintiff and refund what (if

anything) he may on such t