NG SIEW LAN v. JOHN LEE TSUN VUI & ANOR

[2017] 2 MLRA 173
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)]
Ahmad Maarop, A Samah Nordin, Zaharah Ibrahim, Aziah Ali FCJJ, Abdul Rahman Sebli JCA

Legal Profession : Duty to client - Conflict of interest - Conveyancing - Whether solicitor acting for two or more parties in land transaction - Client losing RM600,000.00 through a deception scheme after placing trust in solicitor - Whether solicitor failing to exercise due diligence - Letter of disclaimer - Whether solicitor discharged of liabilities and responsibilities - Whether non-disclosure of material facts rendering letter of disclaimer void - Whether solicitor liable for loss of client's money

This was the appellant's appeal against the decision of the courts below in favour of the respondents. The respondents were solicitors acting for the appellant in a land transaction. The 1st respondent was the lawyer and partner of the 2nd respondent law firm. The appellant purchased the land concerned for RM600,000.00 through brokers who introduced the respondents to act for the appellant. The appellant was informed that the 1st respondent had the title and the power of attorney ('PA') to the land, the PA of which was in favour of the 3rd defendant in the High Court that acted on behalf of the registered landowner in the relevant sale and purchase agreement ('SPA'). During the negotiations for the sale of the land, the appellant did not meet the registered landowner, nor the PA holder.

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