HIGH COURT (KUALA LUMPUR)
MOHD FIRUZ JAFFRIL J
CIVIL SUIT NO WA-23NCVC-41-06 OF 2020
1 April 2021
JUDGEMENT
(Enc. 11)
[1] The present application before me deals with the Defendants’ application to strike out the Plaintiff’s Writ and Statement of Claim dated 17.6.2020 pursuant to Order 18 Rule 19 1 (a), (b) and/or (d) of the Rules of Court (ROC) 2012.Brief Facts
[2] On 8.7.2013, the Plaintiff executed 4 Sale & Purchase Agreements (“SPAs”) to purchase 4 units of bungalows. It was an essential term of the SPAs that the Plaintiff must pay the balance purchase price by 28/11/2014. The plaintiff failed to do so. This led to the termination of the SPAs.
[3] Based on the matters pleaded by the Plaintiff, it appears that the Plaintiff’s cause of action against the Defendants is based on professional negligence. It is the Plaintiff’s plaint that the Defendants, as the Plaintiff’s solicitors in respect of a sale and purchase transaction of 4 units of bungalows by the Plaintiff from Sunprop Development Sdn Bhd, had failed to advise that the Plaintiff had the right to secure a refund of the redemption sum amounting to RM4,315,129-49 paid under the respective sale and purchase agreements (“SPAs”).