Lee Swee Seng JCA:

[1] This is an unfortunate case where the partners of a legal firm, being the 3rd to the 6th defendants (D3-D6), found themselves liable for a substantial sum paid into the client account of the legal firm (the 7th defendant, D7) under a Sale and Purchase Agreement ("SPA"). The principal partner that handled the transaction, Madam Foo Foong Leng ("FL Foo") had gone the way of all the earth just before the dispute arose between the purchaser and the legal firm.

[2] The administrators of the said deceased Madam FL Foo, being the 1st and 2nd defendants, (D1-D2) were also sued for the loss suffered by the plaintiff purchaser who had deposited RM2 million into the client account of the legal firm of Messrs FL Foo & Co ("the Legal Firm") being the full purchase price of a floor of multi-purpose hall on the 17th floor ("the Property") in a 24-storey high rise apartment called Menara Rajawali in the township of Subang Jaya, Selangor.

[3] The fact remains that the said sum of RM2 million was not paid over to the developer, Link Ventures Sdn Bhd. The plaintiff purchaser said he was given a discount of RM360,000.00 by the developer which amount had been refunded by th