1. LAW CHEN SOON 2. CHAI YOKE CHIN LEE FOOK LEONG (as an advocate and solicitor practicing under the style and name of Messrs Lee Fook Leong & Co.)

1. LAW CHEN SOON 2. CHAI YOKE CHIN LEE FOOK LEONG (as an advocate and solicitor practicing under the style and name of Messrs Lee Fook Leong & Co.)

The High Court held that the respondent solicitor was negligent in performing his retainer which resulted in the appellants losing the property; liability as found by the Magistrate was upheld and the quantum was increased to RM45,000 to effect full restitution (restitutio in integrum), with interest at 5% per annum from date of filing of the writ and costs to be fixed.

Citation
JB-11ANCVC-2-12/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Law Chen Soon; Appellant/plaintiff: Chai Yoke Chin; Respondent/defendant: Lee Fook Leong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2021
Case Number
JB-11ANCVC-2-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Magistrate's Decision (professional Negligence/conveyancing) / High Court Judgment on Appeal (allowing Appeal on Quantum; Dismissing Cross Appeal)
Outcome
Appeal allowed in part (quantum increased); cross‑appeal by respondent dismissed
Legal Topics
Solicitor Negligence, Duty of Care and Retainer, Restitutio in Integrum, Assessment of Damages, Consent to Transfer of Property, Breach of Retainer, Interest and Costs
Source Language
Malay/English
Professional Negligence Legal Ethics and Professional Conduct Contract (sale and Purchase) Property Law Civil Procedure Solicitor Negligence Duty of Care and Retainer Restitutio in Integrum +4 more

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Parties

Law Chen Soon

Appellant/plaintiff

Chai Yoke Chin

Appellant/plaintiff

Lee Fook Leong

Respondent/defendant

Procedural Posture

Civil Appeal Against Magistrate's Decision (professional Negligence/conveyancing) / High Court Judgment on Appeal (allowing Appeal on Quantum; Dismissing Cross Appeal)

Legal Issues

  1. 1 Whether the Learned Magistrate erred in part in allowing the claim
  2. 2 Whether RM5,000 awarded by the Magistrate satisfied restitutio in integrum for loss of property valued at RM45,000
  3. 3 Whether the respondent solicitor breached duties owed to clients and was negligent

Ratio Decidendi

The High Court held that the respondent solicitor was negligent in performing his retainer which resulted in the appellants losing the property; liability as found by the Magistrate was upheld and the quantum was increased to RM45,000 to effect full restitution (restitutio in integrum), with interest at 5% per annum from date of filing of the writ and costs to be fixed.

Court Disposition

Appeal allowed in part (quantum increased); cross‑appeal by respondent dismissed

Orders

  • Liability as found by the Learned Magistrate is upheld
  • Quantum increased from RM5,000.00 to RM45,000.00