Tetuan Bahari & Bahari (Menuntut sebagai sebuah firma) Chu Boon Tiong

Tetuan Bahari & Bahari (Menuntut sebagai sebuah firma) Chu Boon Tiong

The court held that the plaintiff's affidavit evidence and exhibits established delivery and maturity of the invoices and the absence of any bona fide defence or triable issue; the burden shifted to the defendant who failed to raise a proper issue or take statutory taxation steps, therefore summary judgment under...

Source-derived case information.

Citation
BB-A52NCvC-17-01/2023 (Mahkamah Sesyen)
Parties
Plaintiff: Bahari & Bahari; Defendant: Chu Boon Tiong
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 July 2023
Case Number
BB-A52NCvC-17-01/2023 (Mahkamah Sesyen)
Procedural Posture
Summary Judgment Application Under Order 14 Rules of Court 2012 / Appeal Against Grant of Summary Judgment Order
Outcome
Plaintiff's application for summary judgment under Order 14 granted; defendant's challenges dismissed
Legal Topics
Summary Judgment, Solicitor's Bill, Taxation of Costs, Maturity of Bills, Order 14
Civil Procedure Legal Profession Law Debt Recovery Summary Judgment Solicitor's Bill Taxation of Costs Maturity of Bills Order 14

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Parties

Bahari & Bahari

Plaintiff

Chu Boon Tiong

Defendant

Procedural Posture

Summary Judgment Application Under Order 14 Rules of Court 2012 / Appeal Against Grant of Summary Judgment Order

  1. 1 Whether the defendant has a bona fide defence or has raised a triable issue
  2. 2 Whether the solicitors' invoices had matured and become payable
  3. 3 Whether the defendant's failure to apply for taxation within s.128 LPA bars challenge to the bills

Ratio Decidendi

The court held that the plaintiff's affidavit evidence and exhibits established delivery and maturity of the invoices and the absence of any bona fide defence or triable issue; the burden shifted to the defendant who failed to raise a proper issue or take statutory taxation steps, therefore summary judgment under Order 14 was appropriate.

Court Disposition

Plaintiff's application for summary judgment under Order 14 granted; defendant's challenges dismissed

Orders

  • Summary judgment entered for the plaintiff against the defendant
  • Defendant to pay principal sum RM244,180.00