Ramly Ali JCA

(delivering judgment of the court)

The present appeal is against the decision of the learned High Court judge dated 15 August 2011 dismissing the appellant’s application to strike out the respondent’s writ and statement of claim under O 18 r 19(1)(a) of the Rules of the High Court 1980 (‘RHC’).

FACTUAL BACKGROUND

The defendants (‘the appellants herein’) were sued as partners of the legal firm of Messrs Zulpadli & Edham. The respondent herein (as the plaintiff at the court below) instituted an action against the appellants for profesional negligence, inter alia, for failing to obtain the approval of the estate land board and/or failing to exercise reasonable care and skill in regard to the same before presenting the memorandum of transfer (‘Form 14A’) dated 18 March 2008 and the charge form (‘Form 16A’) dated 26 June 2008 in respect of two properties known as Geran 53020, Lot No 886; and Geran 53021, Lot No 887, Mukim Ulu Selangor to the land authority for registration. As a result of which the said charge in the land in favour of the respondent was subsequently revoked and cancelled thereby causing losses of RM19,700,000 to the respondent being the amount released to t