JUDGMENT

Abdul Hamid Embong J:

This is an appeal by the plaintiff whose claim for general and special damages against the defendant for professional negligence was dismissed with costs by this court on 11 January 2001. The defendant is a firm of advocates and solicitors retained by the plaintiff to defend the latter in a civil suit filed at the Temerloh High Court (the Temerloh suit), where the plaintiff was sued for non payment of goods sold and delivered. In the Temerloh suit the plaintiff (as defendant therein) was held to be liable and ordered to pay a sum of RM580,788.59.

In the instant suit the plaintiff alleged that the defendant as its retained advocate and solicitor was negligent in not exercising due care, skill and diligence in defending it in the Temerloh suit. The particulars of negligence as found in the plaintiff's statement of claim herewith reproduced for easy reference:

8(a) Pada 2.9.97, defendan telah memberitahu saksi plaintif yang menghadiri Mahkamah secara lisan bahawa perbicaraan tindakan tersebut yang ditetapkan pada 2.9.97 telah ditangguhkan kepada 18.10.97.

(b) Defendan telah gagal maklumkan plaintif bahawa perbicaraan tindakan tersebut sebenarnya ditetapk