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2023 MarsdenLR 1893

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. facts regarding the suits filed by the plaintiffs. (Para 3 , 4 , 5 , 6)
2. arguments regarding the defendant's duty of care. (Para 7 , 8 , 9 , 14 , 16 , 17 , 18)
3. court's analysis of the defendant's advice and conduct. (Para 10 , 11 , 12 , 13 , 15 , 19)
4. ratio decidendi on breach of duty of care. (Para 20)
Akhtar Tahir J:

Introduction

[1] The Court in this case determined that the Plaintiffs claim for breach of fiduciary duty and negligence against the Defendant, a lawyer, could be disposed without calling any witnesses. The issue in this case could be determined by way of legal submissions of both parties.

[2] The Court's power to give directions as to the future course of action in a just, expeditious and economical manner is provided for under O 34 of the Rules of Court 2012 as follows:

(1) Notwithstanding anything in these Rules, the Court may, at any time after the commencement of proceedings, of its own motion, direct any party or parties to the proceedings to appear before the Court, in order that the Court may make such order or give such direction as it thinks fit so that:

(a) all matters which must or can be dealt with on interlocutory applications and have

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