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2018 MarsdenLR 624

HIGH COURT MALAYA KUALA LUMPUR
DHAYA PRIMA HOLDINGS SDN BHD – Appellant
Versus
FIRDAUS KHAN PARIT KHAN & ORS – Respondent


Petitioner Advocates:Mahendra Maheson,Enoveetha Bhaskaran ,Respondent Advocate: Mark Lau Chi Ming,Tan Shang Neng

Table of Content
1. defendants deny allegations of misrepresentation and fraud. (Para 14)
2. court finds defendants committed fraudulent misrepresentation. (Para 18 , 30 , 46)
3. establishment of fraudulent misrepresentation by solicitors. (Para 19)
4. duty of care owed by solicitors to their clients. (Para 36 , 37 , 39)
5. professional misconduct standards for solicitors. (Para 40 , 49 , 51)
i. The Plaintiff loss 40% of the Property in which a Consent Judgment was entered in the Suit 1496;

ii. Based on the market price, the amount of money for the 40% is RM6,000,000.00; and

iii. The Plaintiff had suffered difficulties in handling and protecting the Property it had bought.

[14] D1 and D2 however deny the Plaintiff's claim and plead the following:-

a. D2 was authorized to pay PG Doraisamy a/l P Gopal (Mr Dorai) ("PW1") the purchase price of RM4,000,000.00 upon the completion of the Paling Jaya SPA and receipt of the purchase price;

b. Despite all relevant documents and consideration provided, the Paling Jaya SPA was revoked by mutual agreement, and the monies paid for the said transaction were refunded to Paling Jaya from the proceeds received from the Plaintiff in SPA 2012;

c. The Plaintiff at

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