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2017 MarsdenLR 1067

FEDERAL COURT PUTRAJAYA
NG SIEW LAN – Appellant
Versus
JOHN LEE TSUN VUI & ANOR – Respondent


Petitioner Advocates:Colin Lau,Baldev Singh ,Respondent Advocate: Mau Kam Peng,Terrence Lee

Table of Content
1. the solicitors' duties and obligations. (Para 1 , 2 , 3)
2. validity and effects of disclaimers in the presence of undisclosed facts. (Para 24 , 25)
3. role of disclosure and its impact on client decisions. (Para 55 , 56 , 57)
4. non-disclosure of material facts breaches duty. (Para 58 , 60)
5. solicitors must act transparently with clients. (Para 70 , 71)

[1] The question of law for which leave to appeal had been granted for this court's determination is as follows:

"Whether it is incumbent on the solicitor at the time of the execution of a disclaimer by his client to disclose the material facts which affect or may affect the decision of his client."

[2] The issue concerns a solicitor's duty to disclose material facts to his client. We heard arguments on 11 May 2016 and reserved judgment to a date to be filed. We have now reached a unanimous decision and this is our judgment. For convenience, we shall refer to the parties as they were in the High court, namely the appellant as the plaintiff and the 1st and 2nd respondents as the 1st and 2nd defendants respectively. The suit against the 3rd defendant was not pursued by the plaintiff as he could not be traced. He is not

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