Low Hop Bing JCA:

Introduction

[1] The two appeals before us are best tabulated as follows:

[2] By consent of the parties herein, these two appeals are heard together

Agreed Facts

[3] 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 practising as M/s J L Lim & Co ("the vendors' solicitor"). The purchaser was represented by the third defendant ("the purchaser's solicitor").

[4] Upon execution of the SPA, through her solicitor, the purchaser paid the deposit sum of RM27,500 to the vendors' solicitor

[5] The redemption sum payable to Delta Finance was RM248,748.92, while the balance of the purchase price was RM247,500.00 ("the balance purchase price"). The vendors had paid the differential sum of RM1,248.92 to their solicitor

[6] On 10 December 1998, vide BBMB cheque No 759769, the purchaser paid the b