1. ) Jasni Bin Yeop (Mewakili Diri Harta Pusaka Yeop Bin Darus, Si Mati) 2. ) Nor Rizan Bin Jaafar (Mewakili Diri Harta Pusaka Ja'afar Bin Mat, Si Mati) 3. ) Yusof Bin Shafie (Pentadbir Harta Pusaka Shafie Bin Mat, Si Mati) 4. ) Roshidah Bi

1. ) Jasni Bin Yeop (Mewakili Diri Harta Pusaka Yeop Bin Darus, Si Mati) 2. ) Nor Rizan Bin Jaafar (Mewakili Diri Harta Pusaka Ja'afar Bin Mat, Si Mati) 3. ) Yusof Bin Shafie (Pentadbir Harta Pusaka Shafie Bin Mat, Si Mati) 4. ) Roshidah Bi

The Court of Appeal affirmed the finding that the 4th Defendant breached fiduciary duties and that equitable compensation equivalent to the difference between the purchaser's SPA prices and later sale prices (RM976,062.39) was an appropriate measure of loss without requiring a valuer on these facts; the 9th Defendant was held vicariously liable because the 4th Defendant's misconduct fell within the ordinary course of the firm's business under section 12 of the Partnership Act 1961.

Citation
P-02(NCvC)(W)-2062-11/2022 (Mahkamah Rayuan)
Parties
Appellant / Defendant (1st): Jasni Bin Yeop; Appellant / Defendant (2nd): Nor Rizan Bin Jaafar; Appellant / Defendant (3rd): Yusof Bin Shafie; Appellant / Defendant (4th) / Solicitor: Roshidah Binti Osman; Plaintiff / Appellant: Sand Stone Soil Sdn. Bhd.; Respondent / Defendant (9th): Faiziah Binti Johari; Defendant (5th) / Subsequent Purchaser: Sing Kheng Seng
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
23 October 2024
Case Number
P-02(NCvC)(W)-2062-11/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Determination of Appeals After Full Trial in High Court; Judgment and Costs Ordered on Appeal (final)
Outcome
Appeal P-02(NCvC)(W)-2062-11/2022 (1st–4th appellants): 1st–3rd appeals withdrawn; 4th appellant's challenge on liability dismissed and appeal on quantum devoid of merit. Appeal P-02(NCVC)(W)-2063-11/2022 (Sand Stone v Faiziah): appeal allowed insofar as High Court finding on 9th Defendant set aside and 9th held...
Legal Topics
Breach of Fiduciary Duty, Vicarious Liability, Forgery and Fraud, Specific Performance, Equitable Compensation, Assessment of Damages
Source Language
Malay/English
Property Law Equity and Trusts Partnership Law Professional Negligence Conveyancing Breach of Fiduciary Duty Vicarious Liability Forgery and Fraud +3 more

Case Brief

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Parties

Jasni Bin Yeop

Appellant / Defendant (1st)

Nor Rizan Bin Jaafar

Appellant / Defendant (2nd)

Yusof Bin Shafie

Appellant / Defendant (3rd)

Roshidah Binti Osman

Appellant / Defendant (4th) / Solicitor

Sand Stone Soil Sdn. Bhd.

Plaintiff / Appellant

Faiziah Binti Johari

Respondent / Defendant (9th)

Sing Kheng Seng

Defendant (5th) / Subsequent Purchaser

Procedural Posture

Civil Appeal (court of Appeal) / Determination of Appeals After Full Trial in High Court; Judgment and Costs Ordered on Appeal (final)

Legal Issues

  1. 1 Whether forged documents were used to obtain vesting orders and effect transfers of Lots 429 and 430
  2. 2 Whether the 4th Defendant (solicitor) breached fiduciary duties and acted in conflict of interest
  3. 3 Whether the 9th Defendant (partner) is vicariously, jointly and severally liable for the 4th Defendant’s misconduct

Ratio Decidendi

The Court of Appeal affirmed the finding that the 4th Defendant breached fiduciary duties and that equitable compensation equivalent to the difference between the purchaser's SPA prices and later sale prices (RM976,062.39) was an appropriate measure of loss without requiring a valuer on these facts; the 9th Defendant was held vicariously liable because the 4th Defendant's misconduct fell within the ordinary course of the firm's business under section 12 of the Partnership Act 1961.

Court Disposition

Appeal P-02(NCvC)(W)-2062-11/2022 (1st–4th appellants): 1st–3rd appeals withdrawn; 4th appellant's challenge on liability dismissed and appeal on quantum devoid of merit. Appeal P-02(NCVC)(W)-2063-11/2022 (Sand Stone v Faiziah): appeal allowed insofar as High Court finding on 9th Defendant set aside and 9th held...

Orders

  • Appeal 2062: dismissed as to 4th Defendant; appeal struck out for 1st–3rd Defendants; costs RM10,000.00 (subject to allocator fees); no order as to costs for first, second and third appellants.
  • Appeal 2063: High Court order as to 9th Defendant set aside; judgment entered against 9th Defendant for RM976,062.39 (no interest); costs RM20,000.00 (subject to allocator).