Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Standard of care for professionals

Legal area

Court

7 Apr 2023

Ong Bing Hong 1. ) YONG CHEN LIM 2. ) TETUAN YONG CHEN LIM & SARIDAH

Citation

MA-A52NCvC-47-10/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

MA-A52NCvC-47-10/2022 (Mahkamah Sesyen)

The court held the cause of action accrued when the plaintiff's writs were struck out (05.05.2010 and/or 05.01.2011), giving rise to loss and loss of chance; limitation under s6(1)(a) began to run from those dates and the suit filed on 05.10.2022 is time-barred. The plaintiff's long unexplained delay (including after knowledge in 2016) also amounted to laches. Accordingly the defendants' strike out application succeeded and the claim was struck out with costs.
31 Dec 2019

1. ) HIGH EARNINGS SDN BHD 2. ) TAN CHEEN TECK 3. ) WONG WAI SIONG JOHN HENRY LOUIS A/L A. S. LOUIS

Citation

WA-22NCVC-251-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-251-05/2017 (Mahkamah Tinggi)

On the balance of probabilities the court found the defendant, as the plaintiffs' solicitor, breached his duty and the professional standard of care by failing to verify title and client identity, releasing funds inconsistently with rules, effecting an incorrect transfer, acting without client authority (including entering into a consent judgment and issuing letters) and exhibiting bad faith; plaintiffs therefore proved causation and entitlement to relief and costs.