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HIGH COURT MALAYA KUALA LUMPUR
MULPHA INTERNATIONAL BHD – Appellant
Versus
MESSRS ABDULLAH OOI & CHAN – Respondent
| Table of Content |
|---|
| 1. plaintiff's cause of action for professional negligence. (Para 1 , 2 , 3) |
| 2. plaintiff's claim for duty of care and damages. (Para 4 , 5 , 6) |
| 3. defendant's argument on lack of proof and burden. (Para 8 , 9 , 10) |
| 4. court's expectations for proving negligence and causation. (Para 12 , 13 , 14 , 27) |
| 5. defendant's failure in procedural compliance and its implications. (Para 16 , 20 , 23 , 24) |
| 6. standards of care for solicitors must be met in appeal handling. (Para 21) |
| 7. assessed chances for appeal and non-compliance impact. (Para 28 , 29 , 31 , 34) |
| 8. assessment of damage claim and evidence burden. (Para 36 , 39 , 42) |
[1] In this suit, the plaintiffs cause of action against the defendant is for professional negligence in handling the plaintiff's appeal to the Court of Appeal resulting the plaintiffs notice of appeal was struck out. This deprived the plaintiff the opportunity to have its appeal heard.
[2] Therefore, the plaintiff claims against the defendant for damages and costs which are as follows:
(i) The sum of RM722.383.88 together with interests at the rate of 5% per annum from the date of filing of this summons to the date of full settlement;
(ii) The sum of RM53,37
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