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Article Index

35 Results: Case Study, Statistics

Case Study: But I Have Known Him For Years!

Michael decided to set up his own law partnership known as Messrs Bluth & Finke, the Insured Practice (“IP”) with his long-time friend, Lindsay. Michael managed the main office in Petaling Jaya while Lindsay managed the Firm’s b...

Case Study: It’s Not Our Problem, It’s Yours!

Ron, Leslie and Ann were legal assistants at a firm where they practiced together for several years. During their time at the firm, they developed a good friendship and camaraderie; and they shared common professional and personal interests. After ca...

Delivering the Goods: The Duty of a Stakeholder

Lawyers who become stakeholders in conveyancing transactions have a duty to hold the monies or documents deposited to them on behalf of either the vendor or the purchaser until the conclusion of certain transactions. In Toh Theam Hock v Kemajuan...

Case Study: Don’t Let The Grass Grow Under Your Feet

Fred appointed Messrs Doo and Co (“IP”) to discharge his condominium from Bank ABC upon the settlement of his property loan with the said bank. The bank forwarded the relevant documents to the IP for that purpose. Three months later,...

Case Study: Always Be On Your Toes

Chuckie, a partner at Messrs Finster and Associates (“IP”) acted for Tommy, the purchaser in a sale and purchase of a property. The property was charged to Bank ABC as a security for the loan extended to Angelica, the vendor in the transa...

Case Study: To Rest In Peace

Tina, a sole proprietor of Messrs Belcher & Co. (“IP”) was instructed by Teddy, her good friend who was terminally ill to convey a few properties owned by him to his family members. Teddy had two families from two separate marriages a...

Case Study: Leave No Stone Unturned

Messrs Turner and Associates (“IP”) was the panel lawyer for Bank ABC and handled commercial loan transactions for the bank. In 2013, Cosmo Property Pty Ltd (“Cosmo”) approached the bank to get a commercial loan of RM1,700,000...

Case Study: Always Do The Spadework

Messrs Korra and Associates (“IP”) was named as the Third Defendant in a writ filed by a Claimant who claimed that the IP was involved in a conspiracy to defeat the execution of an arbitration award against the First Defendant. It all ...

Case Study: When It Rains It Pours

Danny Fenton of Messrs Fenton and Co (“IP”) acted for Jasmine, the purchaser in a conveyancing transaction to prepare the SPA. The vendor, Maddie was not represented but was assisted by her daughter and son-in law. After the deposit was p...

Case Study: Present Here But Not There

Messrs Wakeman and Carbuckle (“IP”) represented the purchaser, Sheldon to prepare the SPA for a residential property. The Vendor, Tremorton Pty Ltd (“Tremorton”) was unrepresented. Two months after the execution of the SPA, Sh...

Honesty is Still the Best Policy

Cameron was a defendant in a civil suit and had a summary judgment ordered against her at the Sessions Court. The judgment ordered Cameron to pay costs and interest to the Plaintiff amounting to RM60,000. Messrs Savard & Co was then retained by C...

Keep Your Boundaries in Check

It started off as a civil suit between a stock broking company, Mazuma, and TNS Property Holdings (“TNS”). Messrs Connors, the Insured Practice (“IP”), represented TNS while Messrs Blake represented Mazuma. Blake applied to th...

Failure to Follow Client’s Instructions

Messrs Keating & Co, the Insured Practice (“IP”), represented both the Purchaser and Vendor in a Sale and Purchase Agreement (“SPA”). The property in question was charged to Furama Bank as a security for a loan given to th...

Faiure to Timely File Notices of Appeal

Case Study 4A Messrs Thompson & Rifkin, the Insured Practice (“IP”) acted for the Defendants in a conveyancing suit. The High Court allowed for the Plaintiff’s application for summary judgment following which there is a 14-day ...

Case Study: Avoiding Corporate Negligence

“Negligence is the rust of the soul, that corrodes through all her best resolves.”  -          Owen Feltham   It only takes a snail to create a landmark case in neglige...

Case Study: Negligent Preparation Of Loan Documents

‘Unsigned’, Sealed and Delivered FACTS: The Insured Practice ("IP") IP was on Islamic Finance Bank’s panel of solicitors and was appointed to prepare the security documents for a RM50 million Islamic Structural ...

Case Study: Responsibilities of a Stakeholder

The Call Of Duty A stakeholder is one who holds documents, money or any form of property pending the outcome of a future event.  For example, in sale and purchase transactions involving land, a stakeholder holds the purchase price monies ...

The Tale of Jack & Jill

The Facts  Once upon a time, Jack went up the hill to look for Jill.  Now, Jack was a rogue and had forged a Power of Attorney ("PA") in his favour, allegedly from the true owner of a piece of land.  The truth however ...

Case Study: Please Notify in Writing

SHAN & GOOI (suing as a firm of advocates & solicitors) v CAPITAL INSURANCE BERHAD & 3 ORS [2011] MLJU 440   The Facts The insured practice, Shan & Gooi [“S&G”], purchased PII Policies through the Scheme ...

Conveyancing Gone Bad

All names in the case studies are fictitious.    Claim 1: Duty of Care In 1996, Andrew (Purchaser) purchased a piece of land in Selangor from Gilbert (Vendor) for RM300,000.  Gilbert introduced Andrew to Rick & Co; and...

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