2018

2017

Cases

NG SIEW LAN v. JOHN LEE TSUN VUI & ANOR
Federal Court, Putrajaya
Ahmad Maarop, A Samah Nordin, Zaharah Ibrahim, Aziah Ali FCJJ, Abdul Rahman Sebli JCA
[Civil Appeal No: 02(i)-76-11-2013(S)]
4 January 2017
[2017] 2 MLRA 173

JUDGMENT

Abdul Rahman Sebli JCA:

Introduction

[1] The question of law for which leave to appeal had been granted for this court's determination is as follows:

"Whether it is incumbent on the solicitor at the time of the execution of a disclaimer by his client to disclose the material facts which affect or may affect the decision of his client."

[2] The issue concerns a solicitor's duty to disclose material facts to his client. We heard arguments on 11 May 2016 and reserved judgment to a date to be fixed. We have now reached a unanimous decision and this is our judgment. For convenience, we shall refer to the parties as they were in the High Court, namely the appellant as the plaintiff and the 1st and 2nd respondents as the 1st and 2nd defendants respectively. The suit against the 3rd defendant was not pursued by the plaintiff as he could not be traced. He is not a party to this appeal.

The Plaintiff's Claim

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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