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2025 MarsdenLR 2003

HIGH COURT MALAYA KUALA LUMPUR
MALAYAN BANKING BERHAD – Appellant
Versus
RUSSELL LUA KOK HIYONG & ORS – Respondent


Petitioner Advocates:Ng Sai Yeang,Yenne Chow,Mark La Brooy ,Respondent Advocate: Russell Lua Kok Hiyong,Ummi Salhah Mohamad

Table of Content
1. background of legal dispute (Para 3 , 4 , 7 , 9 , 14 , 15)
2. solicitors deny allegations (Para 6 , 58 , 60)
3. concurrent liability in contract and tort (Para 72 , 90 , 92)
4. duty of care and negligence established (Para 105)
Raja Ahmad Mohzanuddin Shah J:

Preliminary

[1] "Law is order, and good law is good order."— Aristotle.

[2] In light of the above quote, the law is the most fundamental foundation of society, without which no society can function. As one aspect of achieving this, clients always need solicitors to protect and defend their interests, whether it is for their organisations or personal matters. Ultimately, one cannot exist without the other.

[3] The dispute before me arises from the above rationale. It emerges from an earlier relationship between the plaintiff as a financial institution ("hereinafter called the Bank") and the defendants ("hereinafter called the Solicitors/Legal Firm") who were partners in a law firm retained by the Bank to represent it and once served on the Bank's panel of lawyers.

[4] There are now allegations by the Bank that the Solicitors breached their contract and/or professional duties to it as well as negligently failed to prote

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