1. ISMAIL BIN SUID 2. NORLIZA BINTI OTHMAN 1. WAN NADZIM BIN WAN MOHD NORI 2. MAZLINDA BINTI MAKHZAN

1. ISMAIL BIN SUID 2. NORLIZA BINTI OTHMAN 1. WAN NADZIM BIN WAN MOHD NORI 2. MAZLINDA BINTI MAKHZAN

Respondents (the law firm and partners) owed and breached contractual and professional duties by failing to perform express undertakings to redeem the existing charge, release the charge, transfer title and register security; the breach caused appellants' loss; the concealment/fraud element tolled limitation under s29 Limitation Act 1953; appellants proved their case on the balance of probabilities and are entitled to damages, interest and costs totaling RM632,965.38.

Citation
JB-12BNCVC-6-07/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ismail bin Suid; Appellant/plaintiff: Norliza binti Othman; Respondent/defendant: Wan Nadzim bin Wan Mohd Nori; Respondent/defendant: Mazlinda binti Makhzan; Respondent/defendant: Zainudin bin Maksom; Respondent/defendant: Chua Boon Tai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 October 2020
Case Number
JB-12BNCVC-6-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (conveyancing/solicitor Negligence) / Judgment on Appeal (appeal From Sessions Court)
Outcome
Appeal allowed; Sessions Court judgment set aside; appellants' claims awarded in full as per orders
Legal Topics
Breach of Retainer, Solicitor's Duties, Unauthorized Retention of Funds, Fraud and Tolling of Limitation, Unjust Enrichment, Damages Assessment, Novus Actus Interveniens, Beneficial Ownership
Source Language
Malay/English
Conveyancing Professional Negligence Contract Law Tort Limitation of Actions Equity Legal Profession Regulation Breach of Retainer +7 more

Case Brief

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Parties

Ismail bin Suid

Appellant/plaintiff

Norliza binti Othman

Appellant/plaintiff

Wan Nadzim bin Wan Mohd Nori

Respondent/defendant

Mazlinda binti Makhzan

Respondent/defendant

Zainudin bin Maksom

Respondent/defendant

Chua Boon Tai

Respondent/defendant

Procedural Posture

Civil Appeal (conveyancing/solicitor Negligence) / Judgment on Appeal (appeal From Sessions Court)

Legal Issues

  1. 1 Whether respondents owed professional and contractual duties to appellants as solicitors/firm
  2. 2 Standard and scope of respondents' liability for failure to effect redemption, release of charge and transfer
  3. 3 Whether respondents are liable for completion of the property purchase and consequential losses

Ratio Decidendi

Respondents (the law firm and partners) owed and breached contractual and professional duties by failing to perform express undertakings to redeem the existing charge, release the charge, transfer title and register security; the breach caused appellants' loss; the concealment/fraud element tolled limitation under s29 Limitation Act 1953; appellants proved their case on the balance of probabilities and are entitled to damages, interest and costs totaling RM632,965.38.

Court Disposition

Appeal allowed; Sessions Court judgment set aside; appellants' claims awarded in full as per orders

Orders

  • Special damages awarded: RM160,000.00 (loss of land/purchase price)
  • Deposit awarded: RM13,900.00