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HIGH COURT MALAYA PULAU PINANG
BAHARUL AZMAN OMAR & ORS – Appellant
Versus
ZULHASMI ZAKARIA & ANOR – Respondent
| Table of Content |
|---|
| 1. overview of plaintiff's claims and initial facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. identification of the duty of care owed by defendants. (Para 6 , 7 , 22) |
| 3. legal standards established regarding solicitor-client relationships. (Para 23 , 29 , 54) |
| 4. findings on breach of duty of care and negligence. (Para 53 , 55 , 87) |
| 5. final conclusions and judgment on damages awarded. (Para 91 , 115) |
Prelusion
[1] The Plaintiffs are the beneficiaries of the estate of Omar Bin Arshad (Estate). In an earlier case, the Estate ie the beneficiaries were granted RM350K in compensation (the RM350K compensation money).
[2] The 1st Defendant (D1) was the Advocate and Solicitor who had the conduct of the earlier case. The 2nd Defendant (D2) was the firm of solicitors on record for the Plaintiffs in the earlier case. D1 practised law in D2.
[3] Instead of paying the RM350K compensation money to the Estate or to the beneficiaries of the Estate, the Defendants paid RM295K out of the RM350K compensation money to Baharul Azhar Bin Omar (Baharul Azhar), who is one of the beneficiaries of the Estate. Also, the Defendants retained the balance RM55K for themselves, as fees and expenses
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