ABHIRAMI ENTERPRISE SDN. BHD. v 1. ) ASHOK KUMAR PURI (Beramal atas nama dan gaya "Tetuan Ashok Puri Hanifah & Co.") 2. ) MOHD ASRI BIN MAT DAUD (Beramal atas nama dan gaya "Tetuan Ashok Puri Hanifah & Co.")
Catchwords
Abstract This case examines a professional negligence claim against a solicitor involving a RM4.3 million redemption sum in property transactions. The plaintiff sued their solicitor for allegedly failing to properly advise them about their rights to recover the redemption sum when property sale agreements were terminated. The High Court found that the plaintiff was fully aware of their rights but made a voluntary commercial decision to accept a lesser settlement. The court held that while better documentation of legal advice would have been preferable, the evidence showed the client made an informed business choice rather than suffering from negligent legal counsel. The claim was dismissed as the loss resulted from commercial decision-making rather than professional negligence. The court also rejected arguments of res judicata and abuse of process arising from a previous related suit. Keywords: - Professional negligence - Solicitor's duty of care - Redemption sum - Commercial judgment - Legal advice
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-23ncvc-41-06-2020)