JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] This is the Appellant's appeal against the decision of the learned Judicial Commissioner ("JC") in dismissing the Appellant's claim for professional negligence and breach of fiduciary duty against the Respondents.

Background Facts

[2] The Appellant, in a Sale and Purchase Agreement dated 5 January 2015 ("SPA"), agreed to purchase a piece of land known as P.T. 25974, H.S.(D) 96596, Mukim dan Daerah Petaling, Selangor Darul Ehsan ("the said Land").

[3] However, the said Land was already charged to RHB Bank Berhad ("RHB") as security for a loan by the seller, Normawati prior to the signing of the SPA. Normawati defaulted on her loan, leading to the foreclosure of the land by RHB and its subsequent auction to My Home Properties Sdn Bhd ("MHP").

[4] Later, the Appellant engaged the 2nd Respondent as her counsel. The 2nd Respondent is a partner in the 1st Respondent firm. In this case, the 1st Respondent is being sued for vicarious liability for the 2nd Respondent's alleged professional negligence.

[5] Acting upon the Appellant's instruction, the 2nd Respondent filed a personal caveat dated 30 April 2015 on the said Land. Subsequently, the 2nd Respond