JUDGMENT

Hashim Yeop A. Sani CJ (Malaya):

There was a motor accident along the 77th milestone Ipoh/Kuala Lumpur main road on 18 June 1979 between motor vehicle taxi No. H5887 and another motor vehicle, a bus No. JAB 980. The respondent was injured in the accident. On 16 June 1984 the respondent, as driver of the taxi, took out a writ claiming for special and general damages.

There was also another civil suit filed in Kuala Lumpur, Kuala Lumpur Civil Suit C38/82 in respect of the same accident. On 5 March 1984 the former solicitors for the respondent received a letter from the solicitors acting for the driver and owner of the said bus in the Kuala Lumpur civil suit who are now solicitors for the appellant.

In fact a number of letters were sent by the solicitors for the appellant to the former solicitors for the respondent but for the purpose of this judgment only one is really relevant. The letter appears at p. 21 in appeal record dated 15 August 1984 and reads as follows:

Skrine & Co.,

Advocates & Solicitors,

Straits Trading Building,

No. 4, Leboh Pasar Besar,

50050 Kuala Lumpur

TT/m/90713.T/84 GS/GAP.A.1648/80

15 August 1984

M/s. Gurdial Singh & Co.

29, 1st Floor

Station Road

Ipo