JUDGMENT

Lee Swee Seng JC:

Prologue

[1] This case highlights the dangerous practice of not affirming an affidavit before a commissioner for oaths and to do so in the cozy comfort of one's office and leaving it to one's office boy to bring it to a commissioner for oaths who is said to have constructive knowledge of one's signature. The practice must stop, else when objections are raised, the deponent might find himself facing a contempt action.

Problem

[2] The plaintiff was at all material times an advocate and solicitor of the High Court of Malaya. The 4th defendant is the liquidator of Asia Radio (M) Sdn Bhd. The 4th defendant had on or about June and August 2000, appointed the plaintiff's legal firm Messrs MW Lian & Associates to act for them for the disposal of two properties. A dispute subsequently arose between them that resulted in the 4th defendant commencing a legal suit against the plaintiff and obtained judgment in default against the plaintiff on 10 May 2002 for RM195,985. There was no execution on this judgment because the plaintiff had made payments to the Inland Revenue Board for the monies retained by the plaintiff towards such payment. There was also a judgment