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COURT OF APPEAL (PUTRAJAYA)
IDRUS HARUN, J, SURAYA OTHMAN, J, STEPHEN CHUNG HIAN GUAN, JJCA
Nyo Nyo Aye – Appellant
Versus
Kevin Sathiaseelan al Ramakrishnan & Anor – Respondent
| Table of Content |
|---|
| 1. introduction to the appeals (Para 1 , 2) |
| 2. parties' appeals and agreements (Para 3 , 4) |
| 3. merits recognized in the plaintiff's appeal (Para 5 , 28) |
| 4. factual background of the plaintiff's late husband and the lawsuit (Para 6 , 22) |
| 5. arguments on limitation and negligence (Para 26 , 27) |
| 6. court's disagreement with time-bar reasoning (Para 29 , 30) |
| 7. court's analysis on standards of care and duty (Para 46 , 47 , 48 , 49) |
| 8. final decision and order (Para 66) |
JUDGMENT OF THE COURTINTRODUCTION
[1]There are two appeals before us which are as follows:
a)W-02(NCVC)(W)-2614-12/2017 (Appeal No 2614); and
b)W-02(NCVC)(W)-12-01/2018 (Appeal No 12).
[2]These two appeals arise from the decision of the Learned Judicial Commissioner (Learned JC), delivered on 29.11.2017 which dismissed the Plaintiff’s claim against the Defendants. The Plaintiff, Mrs Nyo Nyo Aye, had brought this present suit against the Defendants for breach of agreement (retainer) and/or professional negligence in the Defendants’ conduct of the Kuala Lumpur High Court Civil Suit No. S3-22-890-2007 (the 1st Suit). The Plaintiff had alleged that the Defendants, as her solicitors, had failed to inform and advise her an
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