COURT OF APPEAL (PUTRAJAYA)
ABDUL KARIM ABDUL JALIL, ABU BAKAR JAIS AND LIM CHONG FONG JJCA
CIVIL APPEAL NOS W-02(NCVC)(W)-2194-10 OF 2018 AND W-02(NCvC)(W)-2220-10 OF 2018
4 August 2023
GROUNDS OF JUDGMENTINTRODUCTION
[1] These are appeals against the trial judgment of the High Court that partially allowed the claim pertaining to solicitor’s professional negligence.
[2] The learned High Court judge on 25th September 2018 adjudged and ordered as follows:
- (i)The Defendants are to make payment of the sum of RM127,994.00 to the Plaintiff together with interest on the said amount at 5% per annum from 30th May 2016 until full settlement;
- (ii)The Plaintiff’s claim for damages for loss of chance is dismissed; and
- (iii)No order as to costs.
[3] We have on 10th April 2023 unanimously allowed the Appeal No. W-02(NCVC)(W)-2194-10/2018 (“Appeal 2194”). In this regard, we varied the High Court judgment dated 25th September 2018 by allowing and ordering the Defendants to make payment of the Plaintiff’s claim for damages for loss of a chance and hence judgment was accordingly entered in the sum of RM622,006.00 to the Plaintiff. However, we dismissed Appeal No. W-02(NCVC)(W)-2220 (“Appeal 2220”). There shall be no order as to costs as agreed by the parties.
[4] We now provide the grounds of judgment below and continue to address the parties as Plaintiff and Defendants for convenience