MALAYAN BANKING BERHAD vs TAN SOEK PHEE & ORS AND ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 1524

COURT OF APPEAL PUTRAJAYA
MALAYAN BANKING BERHAD – Appellant
Versus
TAN SOEK PHEE & ORS AND ANOTHER APPEAL – Respondent

Petitioner Advocates:Sean Yeow Huang Meang,Andrea Chew Mei Yng ,Respondent Advocate: Tan Keng Teck,Clarence Hng Ying Chui

Table of Content
1. appeals against high court judgment (Para 1 , 2 , 3)
2. background of loan and legal proceedings (Para 5 , 6 , 7 , 8 , 10)
3. high court findings on negligence (Para 11 , 12 , 13)
4. parties' contentions in appeals (Para 14 , 15 , 16)
5. legal burden of proof in negligence (Para 17 , 19 , 23)
6. court's observations on liability (Para 20 , 21 , 22)
7. damages for loss of opportunity (Para 26 , 27 , 28 , 30)

Lim Chong Fong JCA:

Introduction

[1] These are appeals against the trial judgment of the High Court that partially allowed the claim pertaining to solicitor's professional negligence.

[2] The learned High Court Judge on 25 September 2018 adjudged and ordered as follows:

(i) The Defendants are to make payment of the sum of RM127,994.00 to the Plaintiff together with interest on the said amount at 5% per annum from 30 May 2016 until full settlement;

(ii) The Plaintiff's claim for damages for loss of chance is dismissed; and

(iii) No order as to costs.

[3] We have on 10 April 2023 unanimously allowed the Appeal No W-02(NCVC) (W)-2194-10/2018 ("Appeal 2194"). In this regard, we varied the High Court judgment dated 25 September 2018 by allowing and ordering the Defendants to mak

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2023 MarsdenLR 1524

COURT OF APPEAL PUTRAJAYAMALAYAN BANKING BERHAD – AppellantVersusTAN SOEK PHEE & ORS AND ANOTHER APPEAL – Respondent

Cases Referred (6)

COURT OF APPEAL PUTRAJAYA
MALAYAN BANKING BERHAD – Appellant
Versus
TAN SOEK PHEE & ORS AND ANOTHER APPEAL – Respondent