Malaysia Case Law

22 Dec 2021

1. ) LAW CHEN SOON 2. ) CHAI YOKE CHIN LEE FOOK LEONG

Citation

JB-11ANCvC-2-12/2020 (Mahkamah Tinggi)

Court

High Court

Case number

JB-11ANCvC-2-12/2020 (Mahkamah Tinggi)

Respondent solicitor breached professional duties in handling the conveyancing/consent process, causing loss of the property; therefore liability was upheld and the appropriate compensatory remedy is full restitution equal to the market/purchase value of the house (RM45,000), plus 5% p.a. interest from writ filing and costs to be fixed.

• Conveyancing
• Solicitor's duty of care
• Restitutio in integrum
• Quantum of damages
• Interest on judgment
• Disciplinary obligations of solicitors

22 Dec 2021

1. LAW CHEN SOON 2. CHAI YOKE CHIN LEE FOOK LEONG (as an advocate and solicitor practicing under the style and name of Messrs Lee Fook Leong & Co.)

Citation

JB-11ANCVC-2-12/2020 (Mahkamah Tinggi)

Court

High Court

Case number

JB-11ANCVC-2-12/2020 (Mahkamah Tinggi)

The High Court held that the respondent solicitor was negligent in performing his retainer which resulted in the appellants losing the property; liability as found by the Magistrate was upheld and the quantum was increased to RM45,000 to effect full restitution (restitutio in integrum), with interest at 5% per annum from date of filing of the writ and costs to be fixed.

• Solicitor negligence
• Duty of care and retainer
• Restitutio in integrum
• Assessment of damages
• Consent to transfer of property
• Breach of retainer

ABDUL RAZAK DATUK ABU SAMAH V. SHAH ALAM PROPERTIES SDN BHD & ANOTHER APPEAL

Citation

ABDUL RAZAK DATUK ABU SAMAH V. SHAH ALAM PROPERTIES SDN BHD & ANOTHER APPEAL

Court

Malaysian court

Where a higher court has ordered rescission for fraudulent misrepresentation, damages must be assessed on the rescission/deceit basis (not on breach of contract); recoverable are expenditures reasonably and properly incurred in consequence of the misrepresentation (including interest paid), while losses attributable to performance of the contract (appreciation, lost rent) are damages for breach and are not recoverable; s.74 Contracts Act 1950 is inapplicable to deceit-based damages.

• Misrepresentation
• Fraudulent misrepresentation
• Rescission ab initio
• Measure of damages
• Repudiation
• Restitutio in integrum