TECHCREW SDN. BHD. 1. ) NUR HAMIZAH BINTI HAMZAH (DIDAKWA SEBAGAI PEMILIK TUNGGAL TETUAN NUR HAMIZAH HAMZAH) 2. ) ASHOKVIJAY J. SANGHRAJKA (DIDAKWA SEBAGAI RAKAN KONGSI FIRMA TETUAN LEELA A. SANGHRAJKA & ASSOCIATES) 3. ) LEELAWATHY A/P RAJA

TECHCREW SDN. BHD. 1. ) NUR HAMIZAH BINTI HAMZAH (DIDAKWA SEBAGAI PEMILIK TUNGGAL TETUAN NUR HAMIZAH HAMZAH) 2. ) ASHOKVIJAY J. SANGHRAJKA (DIDAKWA SEBAGAI RAKAN KONGSI FIRMA TETUAN LEELA A. SANGHRAJKA & ASSOCIATES) 3. ) LEELAWATHY A/P RAJA

The Court of Appeal held that all three solicitors owed and breached their professional duties: the 1st failed to communicate and transfer files despite remaining on record; the 2nd and 3rd accepted retainer/Warrant to Act and failed to take necessary steps to prosecute the appeal. The appellant lost a real and substantial chance leading to recoverable loss; PW2's testimony was admissible as factual witness material. Accordingly the High Court's dismissal of claims against the 2nd and 3rd respondents was set aside and damages of RM2.85 million were awarded to the appellant, apportioned into two equal parts (RM1,425,000 payable by the 1st respondent and RM1,425,000 payable by the 2nd and...

Citation
J-02(NCvC)(W)-712-06/2020 (Mahkamah Rayuan)
Parties
Appellant (plaintiff in High Court): Techrew Sdn. Bhd.; 1st Respondent (defendant / Sole Proprietor): Nurhamizah binti Hamzah; 2nd Respondent (defendant / Partner): Ashokvijay J Sanghrajka; 3rd Respondent (defendant / Partner): Leelawathy a/p Rajasingam
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
28 June 2021
Case Number
J-02(NCvC)(W)-712-06/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (professional Negligence) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; High Court order dismissing claim against 2nd and 3rd respondents set aside; judgment entered for appellant
Legal Topics
Solicitor Negligence, Change of Solicitors, Loss of Chance, Admissibility of Opinion Evidence, Costs and Cross Appeal
Source Language
Malay/English
Professional Negligence Civil Procedure Evidence Legal Professional Conduct Contract Solicitor Negligence Change of Solicitors Loss of Chance +2 more

Case Brief

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Parties

Techrew Sdn. Bhd.

Appellant (plaintiff in High Court)

Nurhamizah binti Hamzah

1st Respondent (defendant / Sole Proprietor)

Ashokvijay J Sanghrajka

2nd Respondent (defendant / Partner)

Leelawathy a/p Rajasingam

3rd Respondent (defendant / Partner)

Procedural Posture

Civil Appeal (professional Negligence) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether 1st, 2nd and 3rd respondents owed and breached duties of care as solicitors
  2. 2 Whether loss was proven and how to assess loss of chance
  3. 3 Whether PW2's opinion evidence was admissible or required expert qualification

Ratio Decidendi

The Court of Appeal held that all three solicitors owed and breached their professional duties: the 1st failed to communicate and transfer files despite remaining on record; the 2nd and 3rd accepted retainer/Warrant to Act and failed to take necessary steps to prosecute the appeal. The appellant lost a real and substantial chance leading to recoverable loss; PW2's testimony was admissible as factual witness material. Accordingly the High Court's dismissal of claims against the 2nd and 3rd respondents was set aside and damages of RM2.85 million were awarded to the appellant, apportioned into two equal parts (RM1,425,000 payable by the 1st respondent and RM1,425,000 payable by the 2nd and...

Court Disposition

Appeal allowed in part; High Court order dismissing claim against 2nd and 3rd respondents set aside; judgment entered for appellant

Orders

  • High Court order dismissing claim against 2nd and 3rd respondents set aside
  • Judgment awarded to Appellant for damages totalling MYR 2,850,000.00