[1] The appellants (defendant) appeal and the respondents (plaintiff) cross-appeal which relates to professional negligence of solicitor in not attending court on the day of hearing which resulted in the suit being struck out came up for hearing on 7 April 2014 and 23 April 2014. Upon hearing the parties we reserved judgment. My learned brothers Mohamad Ariff Mohd Yusof JCA and Abang Iskandar Abang Hashim JCA have read the judgment and approved the same. This is our judgment.

Preliminaries

[2] At the outset we must say the learned judicial commissioner had dealt with the issues meticulously and written a comprehensive judgment. The complaint b