JUDGMENT

Suriyadi Halim Omar JCA:

[1] This panel unanimously had dismissed this appeal with costs and accordingly had affirmed the decision of the High Court. The deposit went towards account of taxed costs. In this case the plaintiff (hereinafter referred to as the respondent) had filed a writ action in the High Court at Kuala Lumpur against the defendant (hereinafter referred to as the appellant) for an order, inter alia, that the latter do pay the respondent the sum of RM1 million, being money held by it as stakeholder's money together with the accrued interests. Alternatively, the appellant was to pay the respondent damages in the sum of RM1 million together with interests. An application for leave to enter summary judgment under O. 14 r. 1 of the Rules of the High Court 1980 by the respondent was dismissed by the senior assistant registrar, but on appeal, the learned High Court Judge allowed it. The order of the senior assistant registrar was thereupon set aside and summary judgment was granted.

[2] The facts per the pleadings are as follows. The respondent is a company registered in Malaysia whilst the appellant is a solicitor's firm. The pleadings revealed that the responden