JUDGMENT

Rhodzariah Bujang FCJ:

[1] This appeal concerns a claim for professional negligence filed by the appellant against its former solicitor, the respondent, who was at that material time practicing in a legal firm, Messrs Suresh Thanabalasingam, but a partner in Messrs Suresh, Sharvin & Co when this appeal was heard before us. The background facts leading to the filing of the said claim are rather chequered and long winded for it went all the way back to 2011 when one Syarikat Lim Beng Brothers (Syarikat Lim, for short) filed a suit [No 22NCVC-1205-12/2011] in the Kuala Lumpur High Court against the appellant (as 2nd defendant) and 3 others, for trespass, negligence and nuisance arising out of an alleged encroachment of its land by the appellant's developer who was doing work on the appellant's land, w

i. During the case management before Yeoh Wee Siam J on 29 April 2013, Her Ladyship not only directed the said filing of the witness list and witness statements on or before 1 July 2013, but also for the filing of agreed facts, issues to be tried, summary of case, common bundle of documents and bundle of pleadings on or before 29 May 2013, ie, 1 month after the said case management date and the respondent only complied with the latter direction but not the former.