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1998 MarsdenLR 2719

COURT OF APPEAL (PUTRAJAYA)
LOW HOP BING, J, HELILIAH, J, VINCENT NG, JJCA
Wong Kiong Hung & Anor – Appellant
Versus
Chang Siew Lan (f) – Respondent


Advocates:
Adi Radlan (Adi Radlan & Co) for the appellants.
R Jayabalan (John Ng & Jega) for the respondents.

Low Hop Bing JCA (delivering judgement of the court)

INTRODUCTION

The two appeals before us are best tabulated as follows:

Appeal No & AppellantsOrder Appealed Against
1.J-02–116 of 2003 Wong Kiong Hung and Wong Kieng Sing (the first and second defendants in the High Court)The first and second defendants were ordered to return to the plaintiff RM309,683.51 paid under the sale and purchase agreement dated 20 October 1998 (‘the SPA’), with damages to be assessed, interest and costs.
2.J-02–148 of 2003 Chang Siew Lan (the plaintiff in the High Court)The plaintiff’s claim against the third defendant, an advocate and solicitor, practising as CT Loh & Co, was dismissed with costs.

By consent of the parties herein, these two appeals are heard together.

AGREED FACTS

The first and second defendants (‘the vendors’) were the registered owners of a double storey semi-detached house in Senai, Johor (‘the property’). The property was charged to Delta Finance Berhad (‘Delta Finance’). Vide the SPA, the vendors sold the property to the plaintiff (‘the purchaser’) at a consideration of RM275,000. The completion date was 20 January 1999. The vendors were represented by solicitor Lim Jit Liang, who was then

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