[*468]
[29]
In the instant case it must not be forgotten the respondent has
fueled
the tort or crime when it approved the
loan and the tort or crime continued until it
caused
loss or
damage
to the respondent (Emphasis added). The duty
of care and breach complained of relates to professional conduct of the appellant. And to determine whether the
appellant had breached the duty, whether in contract or tort,
the opinion of the expert of the profession plays a
major
role
to
determine
the
issue
according
to
their
professional
standards
or
obligations
(see
Bolam
v
Friern
Hospital Management Committee
[1957] 1 WLR 582
) (Emphasis added.)
[30]
The respondent/plaintiff's expert in examination in chief, inter alia, had this to say:
Q6 : Are you familiar with Conveyancing practice pertaining to:
(i)
sale and purchase of houses or apartments where no individual titles or strata titles are issued at the time of
the purchase and completion of the sale-purchase transaction?
(ii)
the type of security documents to be prepared for the financing of the purchase of apartments where no strata
titles are issued at the time of completion of the sale-purchase transaction?
A :
Yes, I am familiar with both.
Q7 : Can
you
please
explain
to
this
Court
what
documents
are
necessary
to
effect
a
sale-purchase
and
for
the
conveyance of all the vendor's rights, interest and title in and of an apartment by a vendor to a second purchaser,
where the vendor is a first-original purchaser of the apartment from a proprietor and developer, and the strata title
had not been issued in the year 2000?
A :
The documents necessary would include the following:
7.1 relevant
searches
on
the
vendor,
proprietor,
developer
and
second
purchaser
with
the
Official
Assignee
or
Official Receiver and Companies Commission of Malaysia (where the party concerned is a company);
7.2 land search on the master title on the land upon which the apartment is sited;
7.3 a check on the validity of the housing developer's licence of the developer with the Ministry of Housing;
7.4 the
original
of
the
sale-purchase
agreement
pertaining
to
the
apartment
made
between
the
proprietor
and
developer, and the vendor as the first-original purchaser thereof;
7.5 the originals of all loan documents, if any, pertaining to any loan or other banking facilities taken by the vendor
from
the
vendor's
financier
to
finance
the
vendor's
purchase
of
the
apartment
from
the
proprietor
and
developer, and which loan and other banking facilities are secured by an assignment of the apartment; [*469]
Page 14 of 40
Ngan Siong Hing v RHB Bank Bhd
7.6 a redemption statement and undertaking letter from the vendor's financier for a full and complete redemption
and reassignment of the apartment;
7.7 the
original
duly
executed
and
stamped
deed
of
receipt
and
reassignment
document
pertaining
to
the
apartment
for
a
full
and
complete
redemption
and
reassignment
to
be
made
between
the
vendor
and
the
vendor's financier;
7.8 a
duly
executed
an
stamped
sale-purchase
agreement
incorporating
the
terms
and
conditions
of
the
sale-
purchase
transaction,
as
