25 Oct 2019
MULPHA INTERNATIONAL BHD MESSRS ABDULLAH OOI & CHAN
- Citation
- WA-22NCVC-40-01/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-40-01/2017 (Mahkamah Tinggi)
The defendant solicitor breached the duty of care by failing to comply with mandatory Rules of the Court of Appeal and Practice Direction (service within time, draft index and arrangement of documents), that breach caused the appeal to be struck out (satisfied by the but‑for test), the plaintiff had an arguable prospect of success on appeal, but the plaintiff failed to prove the quantum of loss and costs; accordingly liability is established but only nominal damages are awarded (RM60,000) with interest and costs as ordered.