Malayan Banking Bhd v Perbadanan Kemajuan Negeri Selangor & Anor [2019] 12 MLJ 552


Tan Keng Teck (Tobias Lim with him)(Lim Kian Leong & Co) for the second respondent.

HIGH COURT (SHAH ALAM) Contract — Breach — Breach of undertaking — Plaintiff argued that first defendant breached written undertaking in failing to forward title of property to plaintiff — Whether first defendant breached written undertaking — Whether first defendant caused damages to plaintiff.

Legal Profession — Duty of care — Negligence — Whether second defendant as firm of solicitors negligent in mistakenly transferred property to third defendant — Whether second defendant could not be held liable as fraudulent act of third defendant broke chain of causation.

Limitation — Accrual of cause of action — When cause of action accrued — Threat to plaintiff’s right to register charge on land — Whether plaintiff’s action statute-barred — Limitation Act 1953 ss 6, 9 & 29.