JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This was an appeal ("this Appeal") against the decision of the learned Sessions Court Judge ("SCJ") on 17 August 2020, who dismissed the appellant's claim against the respondent for negligence in carrying out its duties as the appellant's solicitors. For ease of reference, the appellant and respondent will be referred to respectively as the plaintiff and defendant.

The Background Facts

[2] In the Sessions Court vide A52NCVC-197-10-2016 ("Suit 197"), one E-Soon Maju Sdn Bhd ("E-Soon") had filed a claim against the plaintiff and had obtained judgment against it on 7 February 2018. As a result thereof, the defendant, who were then the solicitors for the plaintiff, filed a notice of appeal on 15 February 2018 ("the Appeal in Suit 197"). The record of appeal was filed on 15 March 2018.

[3] The plaintiff then decided to change solicitors, and on 16 April 2018, the firm of KS Pang & Co ("the new solicitors") had taken over the plaintiff's matter in Suit 197.

[4] On 4 June 2018, the Appeal in Suit 197 was struck out ("the Order") pursuant to an application by the solicitors for E-Soon. As a result thereof, the plaintiff filed a claim ("the plain