JUDGMENT

Anand Ponnudurai J:

Introduction

[1] This case yet again highlights the perilous nature of the job of a professional who is liable to be sued by a client for professional negligence.

[2] This present case is a claim by the Plaintiff against his solicitor, the Defendant for professional negligence and breach of retainer arising from an allegation of negligent legal advice leading to a wrongful entry of a private caveat. The Plaintiff's claim is for damages suffered arising from the alleged negligence.

[3] I will in this judgment set out the salient background facts, the issues that have arisen that require adjudication and my analysis of the same with the ultimate goal of determining whether the Plaintiff has discharged the burden of proving on a balance of probabilities that the Defendant is negligent and/or breached his retainer as alleged.

Background Facts

[4] The salient background facts are largely undisputed and can be summarized as follows.

[5] Sometime in December 2012, the Plaintiff, a businessman had commenced a civil suit in the Penang High Court vide PA-22NCVC-848-12/2012 (hereinafter referred to as "Suit 848") against his late brother Sin Kheng Chuan and his sister-in-