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2025 MarsdenLR 3192

FEDERAL COURT PUTRAJAYA
MAJLIS PERBANDARAN SELAYANG – Appellant
Versus
SURESH SUBRAMANIAM – Respondent


Petitioner Advocates:Mohd Faiz Abd Rahim,Archanaa Balasubramaniam ,Respondent Advocate: David Samuel,Sheena Stephanie Sebastian,Siti Nurul Jannah Rizali

Table of Content
1. claim for professional negligence background. (Para 1)
2. elements of negligence in solicitor-client relationship. (Para 4 , 5)
3. requirements for establishing a prospect of success in claims. (Para 6 , 16)
4. causation in professional negligence and the 'but for' test. (Para 12 , 21)
Rhodzariah Bujang FCJ:

[1] This appeal concerns a claim for professional negligence filed by the appellant against its former solicitor, the respondent, who was at that material time practicing in a legal firm, Messrs Suresh Thanabalasingam, but a partner in Messrs Suresh, Sharvin & Co when this appeal was heard before us. The background facts leading to the filing of the said claim are rather chequered and long winded for it went all the way back to 2011 when one Syarikat Lim Beng Brothers (Syarikat Lim, for short) filed a suit [No 22NCVC-1205-12/2011] in the Kuala Lumpur High Court against the appellant (as 2nd defendant) and 3 others, for trespass, negligence and nuisance arising out of an alleged encroachment of its land by the appellant's developer who was doing work on the appellant's land, which was adjacent to that of Syarikat Lim's, based on a joint venture agreement between th

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