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2025 MarsdenLR 6100

HIGH COURT (KUALA LUMPUR)
HAYATUL AKMAL, J
Tetuan Amin-Tan & Co (suing as a firm) – Appellant
Versus
Tetuan Harjinder & Associates (sued as a firm) – Respondent


Advocates:
Alvin Oh Seong Yew (with Siew Chang Peng) (Sia Siew Mun & Co) for the plaintiff.
Tan Keng Teck (with Ung Zhee Liane) (Lim Kian Leong & Co) for the defendant.

Hayatul Akmal J:

INTRODUCTION

[1]The parties in this suit are legal firms registered under the Legal Profession Act 1976

[2]The plaintiff’s action against the defendant is premised on breach of contract and professional negligence, claiming:

(a)their purported loss of a right to pursue an action against the defendants in Kuala Lumpur Civil Suit No WA-22NCVC-208–04 of 2018 (‘Suit 208’); and

(b)their purported right to recover their claim in Suit 208 against the named defendants.

The list of witnesses at the trial is as follows:

(a)the plaintiff’s witnesses:

(i)PW1 Datin Jamilah bt Abu Bakar; and

(ii)PW2 Ammar bin Ghalip;

(b)the defendant’s witnesses:

(i)SD1 Tengku Haris bin Tengku Rostam; and

(ii)SD2 Harjinder Singh a/l Saudagar Singh.

On 31 January 2024, after considering the facts, all the cause papers, the totality of the evidence adduced at the trial, and the parties’ respective arguments, on the balance of probabilities, I found no merit in the plaintiff’s suit against the defendant. I dismissed it with a cost of RM25,000 to be paid within 30 days.

Aggrieved, the plaintiff filed this appeal against my decision, and these are my reasons.

BRIEF FACTS

[3]Parties have filed agreed facts, and in

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