Hijau Biru Envirotech Sdn Bhd 1. Tetuan Dzahara & Associates 2. Dzahara Mit Dahlan 3. Azwan bin Abdul Wahab

Hijau Biru Envirotech Sdn Bhd 1. Tetuan Dzahara & Associates 2. Dzahara Mit Dahlan 3. Azwan bin Abdul Wahab

The Court of Appeal held the High Court erred in overturning the Sessions Court: respondents breached their duty by failing to attend the continued hearing, mishandling the adjournment, failing to pursue an appeal against the dismissal of the reinstatement application and by filing Suit 18, thereby destroying the appellant’s opportunity to recover; the SCJ’s findings of negligence and causation were not plainly wrong and must be reinstated.

Citation
W-04(NCVC)(W)-421-08/2019 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Hijau Biru Envirotech Sdn Bhd; Respondent / Former Solicitors: Tetuan Dzahara & Associates; Respondent / Partner: Dzahara Mit Dahlan; Respondent / Partner: Azwan Bin Abdul Wahab
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
2 July 2020
Case Number
W-04(NCVC)(W)-421-08/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (professional Negligence Against Solicitors) / Court of Appeal Judgment (appeal From High Court)
Outcome
Appeal allowed; High Court decision set aside; Sessions Court judgment reinstated.
Legal Topics
Solicitor Negligence, Failure to Attend Court, Loss of Chance, Abuse of Process, Reinstatement Applications, Disciplinary Board Findings
Source Language
Malay/English
Professional Negligence Civil Procedure Legal Profession Regulation Appeal Procedure Solicitor Negligence Failure to Attend Court Loss of Chance Abuse of Process +2 more

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Parties

Hijau Biru Envirotech Sdn Bhd

Appellant / Plaintiff

Tetuan Dzahara & Associates

Respondent / Former Solicitors

Dzahara Mit Dahlan

Respondent / Partner

Azwan Bin Abdul Wahab

Respondent / Partner

Procedural Posture

Civil Appeal (professional Negligence Against Solicitors) / Court of Appeal Judgment (appeal From High Court)

Legal Issues

  1. 1 Whether respondents breached duty of care as solicitors by failing to attend trial and failing to appeal dismissal of reinstatement application
  2. 2 Whether filing a second suit (Suit 18) without appealing was negligent or an abuse of process
  3. 3 Whether appellant’s termination of solicitors or the ASDB dismissal bars or mitigates liability

Ratio Decidendi

The Court of Appeal held the High Court erred in overturning the Sessions Court: respondents breached their duty by failing to attend the continued hearing, mishandling the adjournment, failing to pursue an appeal against the dismissal of the reinstatement application and by filing Suit 18, thereby destroying the appellant’s opportunity to recover; the SCJ’s findings of negligence and causation were not plainly wrong and must be reinstated.

Court Disposition

Appeal allowed; High Court decision set aside; Sessions Court judgment reinstated.

Orders

  • High Court decision dated 4 July 2019 set aside and Sessions Court judgment dated 26 March 2018 reinstated
  • 1st and 2nd respondents jointly and severally to pay costs of RM15000.00 (subject to allocator) for this Court and the High Court