Gopal Sri Ram FCJ (delivering judgment of the court)

We refused leave to appeal in this case because the questions that lie at the heart of this matter are really questions of fact. However, there is a point of practice relevant to the conveyancing Bar on which the views of this court may be of assistance. It is for that reason that this judgment is produced, despite the general policy of this court not to give reasons when granting or refusing leave.

The applicant is the purchaser of a piece of property in Johor of which the first and second defendants in the proceedings before the High Court were the vendors. The instant respondent acted as the applicant’s solicitor in the transaction. At the material time, the subject property was charged to Delta Finance Bhd and a sum of RM248,748.92 remained due and payable by the vendors to Delta Finance. Under the terms of the agreement, the vendors were to deliver to the applicant a valid and registrable title free of incumbrances. The only incumbrance in the contemplation of the parties was the charge in favour of Delta Finance. The applicant paid the vendors the deposit stipulated in the agreement. Later, the respondent solicitor released t