JUDGMENT

DECISION

This is an application by the petitioner (Encl. 3) to injunct the respondents from disposing it's movable and immovable asset. Further It is to injunct the respondents from transacting with 2 companies namely Khidmat Sentiasa Sdn. Bhd and/or Marvellous Century Sdn. Bhd regarding the sale of 1st respondents' assets.

At the start of the proceeding petitioner's counsel raised a preliminary issue for the court to adjudicate before hearing submissions on Encl. 3.

The issue is:-

"Is the firm of solicitors representing 1st, 2nd and 7th respondents placed in a position of conflict of interest because the managing director of the legal firm, Dato' Manjit Singh (who had the proxy of Mr. All Loi Yu @ Kuah Hock Yew (3rd respondent) presided at the crucial EGM held on 27-2-2008".

Counsel for the petitioner submitted that by presiding as chairman and also further given mandate by proxy of the 3rd respondent to vote, Dato' Manjit Singh will be highly likely be called as witness by either party in the suit. Counsel referred to the following cases.

a) where it was held where a solicitor is pecuniarily interested, the rule of prudence and good sense dictates that he should not accept th