S Nantha Balan JCA:

Introduction

[1] The appellant is an advocate and solicitor. He is a partner in the legal firm of Messrs Azri, Lee Swee Seng & Co ("the firm"). On 9 August 2012, the respondents filed Kuala Lumpur High Court Suit No 22 NCVC-943-08/2012 ("Suit 943") and naming the appellant as the sole defendant. According to the respondents, they intended to purchase a parcel of commercial property in Kuala Lumpur and had engaged the appellant to handle the relevant sale and purchase transaction. The appellant's position is that the respondents had engaged the firm and it was the firm which handled the conveyancing transaction and was responsible/liable for any purported shortcomings/negligence.

[2] Leaving aside the question as to whether the respondents had engaged the appellant or the firm, what is indisputable is that ultimately the sale and purchase transaction did not go through. Indeed, it could not go through. For now, it is important to mention that the intervening events are, first, the winding up of the vendor and secondly, the enforcement of a legal charge over the land, and lastly, the sale of the subject land to a third party at a public auction. The appellant