HONG & FONG (Didakwa sebagai Firma) 1. TAN PO LIN 2. LEE LAI HENG

HONG & FONG (Didakwa sebagai Firma) 1. TAN PO LIN 2. LEE LAI HENG

Contra notes were admissible under section 73A Evidence Act because the maker was deceased; factual admissions and conduct established an implied retainer such that the defendant was acting for the plaintiffs in relation to the Contra Units; the defendant breached its professional duty by failing to investigate and...

Source-derived case information.

Citation
JA-12BNCvC-2-01/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: HONG & FONG; Respondent/plaintiff: TAN PO LIN; Respondent/plaintiff: LEE LAI HENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2021
Case Number
JA-12BNCvC-2-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Sessions Court (judgment 21 January 2021)
Outcome
Appeal dismissed
Legal Topics
Admissibility of Documentary Evidence (s73 a Evidence Act), Implied Retainer/solicitor Client Relationship, Standard of Care for Solicitors, Requirement for Expert Evidence, Burden of Proof (balance of Probabilities), Encumbrance and Redemption Obligations Under SPA
Professional Negligence Evidence Contract/conveyancing Legal Ethics/conflict of Interest Admissibility of Documentary Evidence (s73 a Evidence Act) Implied Retainer/solicitor Client Relationship Standard of Care for Solicitors Requirement for Expert Evidence +2 more

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Parties

HONG & FONG

Appellant/defendant

TAN PO LIN

Respondent/plaintiff

LEE LAI HENG

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Sessions Court (judgment 21 January 2021)

Legal Issues

  1. 1 Whether the contra notes were admissible in evidence under section 73A Evidence Act
  2. 2 Whether the defendant acted as solicitors for the plaintiffs in respect of the Contra Units (implied retainer)
  3. 3 Whether the plaintiffs proved the standard of care required of the defendant and whether expert evidence was necessary

Ratio Decidendi

Contra notes were admissible under section 73A Evidence Act because the maker was deceased; factual admissions and conduct established an implied retainer such that the defendant was acting for the plaintiffs in relation to the Contra Units; the defendant breached its professional duty by failing to investigate and ensure the parcels were free from encumbrance as required by the SPAs and to advise on redemption, and expert evidence was unnecessary given the straightforward conveyancing issues; the defendant failed to discharge its evidential burden and the Sessions Court decision ordering recovery of MYR261,126.25 was affirmed and appeal dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Order of the Sessions Court allowing the plaintiffs' claim for redemption sum of MYR261,126.25 affirmed