KIRANJIT RANDHAWA & CO (sebuah firma guaman yang didaftarkan di bawah Badan Peguam Malaysia) 1. ) SGV BUILDERS SDN BHD 2. ) GOO HUEY KIAM 3. ) WILLIAM CHU PET CHAW

KIRANJIT RANDHAWA & CO (sebuah firma guaman yang didaftarkan di bawah Badan Peguam Malaysia) 1. ) SGV BUILDERS SDN BHD 2. ) GOO HUEY KIAM 3. ) WILLIAM CHU PET CHAW

The magistrate erred in law and fact by striking out the writ and SOC because the plaintiff demonstrated a plausible contractual cause of action for unpaid legal fees, had issued gross sum invoices which crystallised a debt in the absence of a timely request for detailed bill or taxation by the defendants, and the contested issues of conduct and statutory compliance required oral evidence at trial; accordingly the appeal is allowed, the striking out order set aside, and the matters remitted for trial before another magistrate with costs awarded to the plaintiff.

Citation
BA-11ANCvC-6-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Kiranjit Randhawa & Co; Defendant/respondent: SGV Builders Sdn Bhd; Defendant/respondent: Goo Huey Kiam; Defendant/respondent: William Chu Peh Chaw
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2023
Case Number
BA-11ANCvC-6-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Decision Striking Out Writ and Statement of Claim
Outcome
Appeal allowed; magistrate's order striking out set aside; matter remitted for trial
Legal Topics
Bill of Costs, Taxation of Costs, Legal Fees Recovery, Strike Out Under O18 R19 ROC, Magistrate Jurisdiction, Consolidation of Appeals
Source Language
Malay/English
Civil Contract Legal Profession Procedural Law Costs and Fees Bill of Costs Taxation of Costs Legal Fees Recovery +3 more

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Parties

Kiranjit Randhawa & Co

Plaintiff/appellant

SGV Builders Sdn Bhd

Defendant/respondent

Goo Huey Kiam

Defendant/respondent

William Chu Peh Chaw

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Decision Striking Out Writ and Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff complied with the Legal Profession Act requirements for issuing a bill of costs
  2. 2 Whether the plaintiff had a prima facie cause of action for recovery of unpaid legal fees
  3. 3 Whether the magistrate had jurisdiction to strike out the writ and SOC for want of taxation jurisdiction

Ratio Decidendi

The magistrate erred in law and fact by striking out the writ and SOC because the plaintiff demonstrated a plausible contractual cause of action for unpaid legal fees, had issued gross sum invoices which crystallised a debt in the absence of a timely request for detailed bill or taxation by the defendants, and the contested issues of conduct and statutory compliance required oral evidence at trial; accordingly the appeal is allowed, the striking out order set aside, and the matters remitted for trial before another magistrate with costs awarded to the plaintiff.

Court Disposition

Appeal allowed; magistrate's order striking out set aside; matter remitted for trial

Orders

  • Appeal allowed
  • Costs of RM8000 to be paid by the defendants