[1] The appellants (solicitor) appeal to set aside the judgment of the High Court in favour of the respondent came up for hearing on 4 November 2013. The appeal involved important principles relating to conveyancing practice. After hearing the submissions we reserved the judgment to 2 December 2013. My learned brother Abdul Wahab bin Patail JCA has read the draft judgment and approved the same. This is our majority judgment.

[2] The memorandum of appeal inter alia reads as follows:

"1. The learned judge erred in law and fact when he injudiciously failed to consider the appellants plea of volenti non fit injuria as pleaded in para 24 of the amended statement of defence.

2. The learned j