ANTHONY JOHN DASON 1. ) WONG KEAN YEN 2. ) LIANG CHONG BENG (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co Dan Bekas Rakan Kongsi Dalam Firma Messrs Nga Hock Cheh & Co) 3. ) NG KWEE LAN (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co

ANTHONY JOHN DASON 1. ) WONG KEAN YEN 2. ) LIANG CHONG BENG (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co Dan Bekas Rakan Kongsi Dalam Firma Messrs Nga Hock Cheh & Co) 3. ) NG KWEE LAN (Rakan Kongsi Dalam Firma Messrs CB Liang, Ng & Co

The appointment letter established a contingency/champerty arrangement prohibited by s.112(1)(b) LPA and therefore the contract was illegal and void under s.24 Contracts Act; as a result the plaintiff had no cause of action and the writ and statement of claim were struck out as an abuse of process; defendant's application to cancel the writ is allowed with costs.

Citation
WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)
Parties
Plaintiff: ANTHONY JOHN DASON; Defendant 1: WONG KEAN YEN; Defendant 2: LIANG CHONG BENG; Defendant 3: NG KWEE LAN; Defendant 4: NGA HOCK CHEH; Defendant 5: NGA MEI YEN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 April 2025
Case Number
WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Session Court / Strike Out Application Under Order 18 R19 (application to Cancel Writ and Statement of Claim)
Outcome
Defendant 1's application allowed; Writ and Statement of Claim dated 28/10/2024 struck out against Defendant 1 as an abuse of process; costs to Defendant 1.
Legal Topics
Contingency Fees, Champerty, Illegality of Contract, Abuse of Process, Costs
Source Language
Malay/English
Contract Law Legal Profession Civil Procedure Public Policy Contingency Fees Champerty Illegality of Contract Abuse of Process +1 more

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Parties

ANTHONY JOHN DASON

Plaintiff

WONG KEAN YEN

Defendant 1

LIANG CHONG BENG

Defendant 2

NG KWEE LAN

Defendant 3

NGA HOCK CHEH

Defendant 4

NGA MEI YEN

Defendant 5

Procedural Posture

Civil Session Court / Strike Out Application Under Order 18 R19 (application to Cancel Writ and Statement of Claim)

Legal Issues

  1. 1 Whether the retainer letter constituted an unlawful contingency/champerty agreement prohibited by s.112(1)(b) LPA
  2. 2 Whether an illegal contract renders the plaintiff without cause of action and the proceedings an abuse of process
  3. 3 Whether the court should strike out the writ and statement of claim under Order 18 r 19

Ratio Decidendi

The appointment letter established a contingency/champerty arrangement prohibited by s.112(1)(b) LPA and therefore the contract was illegal and void under s.24 Contracts Act; as a result the plaintiff had no cause of action and the writ and statement of claim were struck out as an abuse of process; defendant's application to cancel the writ is allowed with costs.

Court Disposition

Defendant 1's application allowed; Writ and Statement of Claim dated 28/10/2024 struck out against Defendant 1 as an abuse of process; costs to Defendant 1.

Orders

  • Costs to Defendant 1