468 29 In the instant case it must not be forgotten the respondent has fueled

468 29 in the instant case it must not be forgotten

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[*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]
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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
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