Suraya Othman JCA:

Introduction

[1] There are two appeals before us which are as follows:

(a) W-02(NCVC)(W)-2614-12-2017 (Appeal No 2614); and

(b) W-02(NCVC)(W)-12-01-2018 (Appeal No 12).

[2] These two appeals arise from the decision of the Learned Judicial Commissioner (learned JC), delivered on 29 November 2017 which dismissed the plaintiff's claim against the defendants. The plaintiff, Mrs Nyo Nyo Aye, had brought this present suit against the defendants for breach of agreement (retainer) and/or professional negligence in the defendants' conduct of the Kuala Lumpur High Court Civil Suit No: S3-22-890-2007 (the First Suit). The plaintiff had alleged that the defendants, as her solicitors, had failed to inform and advise her and take the necessary actions which resulted in the First Suit being struck off by the High Court on 24 August 2009. At the end of the trial of this present suit, the learned JC found the defendants, as solicitors, were in breach of agreement (retainer) and/or professionally negligent but however dismissed the plaintiff's claim on the basis that her claim was time-barred.

[3] Both the plaintiff and the defendants were aggrieved with the decision of the lear