JUDGMENT

Wan Ahmad Farid Wan Salleh J:

[1] The appellant is a practising advocate and solicitor in the name and style of Messrs Nordin Kassim & Aziz ("the appellant's legal firm").

[2] The factual background of this Originating Summons, as narrated by the respondent, is as follows. The respondent had paid a sum of RM100,000.00 ("the insured sum") in the appellant's solicitors' client account as payment for purchasing an Amlink Insurance Policy from AmAssurance Bhd ("AmAssurance"). According to the respondent, an AmAssurance agent promised him a 5% monthly interest return for the insured sum for 30 months. There are other benefits, such as facilities for hospitalisation and medication.

[3] The agent of AmAssurance is Tanjung Trading, which was represented by one Puan Norihan Talib ("Norihan").

[4] The respondent was told to pay the insured sum to the appellant's legal firm. Acting on the instructions given by Tanjung Trading, AmAssurance's agent, the respondent deposited the insured sum to the appellant's firm on 23 September 2013.

[5] It is not in dispute that the said sum was duly credited into the appellant's solicitors' client account on 27 September 2013.

The Complaint

[6] The basis of