LIN KAI LAM & ANOR vs COLIN ANDREW PEREIRA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1616

HIGH COURT MALAYA KUALA LUMPUR
LIN KAI LAM & ANOR – Appellant
Versus
COLIN ANDREW PEREIRA – Respondent

Petitioner Advocates:MV Kumar ,Respondent Advocate: Claudia Cheah

Table of Content
1. negligence and breach of fiduciary duty in legal representation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. court's analysis on duty of care and witness relevance. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. assessment of plaintiff's conduct and bona fides. (Para 19 , 20 , 21 , 22)

Akhtar Tahir J:

Introduction

[1] The Plaintiffs' claim against the Defendant a lawyer, is for losses suffered as a result of the negligence and breach of fiduciary of the Defendant in representing them in a civil proceeding in the High Court Shah Alam.

[2] The Shah Alam High Court Suit No 22NCVC-351-04/2013 ("Suit 351") was for a claim of proceeds of sale of 2 pieces of land to wit QT(M) 2505, Lot 30 Mukim of Petaling, Shah Alam ("Puchong Land") and HS(M) 6361, PT No 7284, Mukim Sungai Buluh, District of Petaling ("Subang land").The present case is however limited to the sale of the Puchong land

Brief Facts

[3] The Plaintiffs in this case are husband and wife. The Defendant represented the 1st Plaintiff and his deceased mother in Suit 351. In Suit 351 both the 1st Plaintiff and his deceased mother claimed that the Puchong land was bought from the funds of the partnership firm of Kong

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2023 MarsdenLR 1616

HIGH COURT MALAYA KUALA LUMPURLIN KAI LAM & ANOR – AppellantVersusCOLIN ANDREW PEREIRA – Respondent

HIGH COURT MALAYA KUALA LUMPUR
LIN KAI LAM & ANOR – Appellant
Versus
COLIN ANDREW PEREIRA – Respondent