JUDGMENT

Lord Diplock (delivering the judgment of the Board):

This, on the face of it, was a very simple case, well suited to be disposed of under the summary procedure which is available in Malaysia, as it is in England, for enforcing solicitors' undertakings. The undertaking which the appellant (herein referred to as "the vendor") seeks to have enforced was given by the respondent (herein referred to as "the solicitor") - in connection with the sale of five parcels of land in Kedah to clients of the solicitor herein referred to as "the purchaser"). The essential facts about the sale can be stated briefly.

The vendor was the registered proprietor of the land which was subject to a registered charge in the sum of $150,000. On 2 August 1973 he agreed to sell the land "free from all encumbrances whatsoever" to a Mr. Andawan who later, with the vendor's consent, assigned the benefit and burden of the contract to the purchaser. The price was $369,768 of which $36,976 was paid as a deposit, the balance being payable on completion which was stated to be on or before 1 February 1974.

On 6 March 1974 the solicitor gave to the vendor a written undertaking in the following terms:

To M/s.