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2013 MarsdenLR 582

HIGH COURT MALAYA KUALA LUMPUR
TENAGA NASIONAL BERHAD – Appellant
Versus
TETUAN ARIFF & CO – Respondent


Table of Content
1. overview of the contractual relationship and claim process. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. professional negligence and duty of care of solicitors. (Para 9 , 10 , 11)
3. breach of duty and evidence of delay by the defendant. (Para 12 , 14 , 16)
4. court's findings on solicitor's breach of duty (Para 13 , 15)
5. establishing recoverable damages in negligence cases. (Para 18)

[1] The plaintiff is a utility company licensed under the Electricity Supply Act 1990 to supply electricity to the public. The defendant is and was at the material time a firm of advocates and solicitors.

[2] The plaintiffs customer, one EPE Wilson Transformer Sdn Bhd ("EPE"), had by letter dated 3 July 2002 (p 1 of DCB) written to the plaintiff requesting for a reduction in the amount of the bank guarantee furnished as security for payment for power supplied to its premises at Nilai, Negeri Sembilan. Subsequent thereto, as a routine measure, the plaintiffs officers went to EPEs premises on 8 July 2002 and conducted an inspection on the power consumption meter installed thereat. The plaintiff discovered that the meter was faulty and there was an error in the meter reading, which showed a rec

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