Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Champerty

Legal area

Court

30 Apr 2025

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

Citation

WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-466-10/2024 (Mahkamah Sesyen)

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.
1 Jan 1900

MUHAMMED SHAREEF BIN MOHAMED SAGUBAR (NO. K/P: 780428-07-5303) TETUAN IDRIS & ASSOCIATES

Citation

PA-12ANCVC-42-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCVC-42-12/2020 (Mahkamah Tinggi)

Because the defendant failed to petition for taxation within the statutory period, the solicitor's bill became final and payable and the defendant cannot challenge its quantum; additionally, even if an oral champertous agreement existed, the solicitors were entitled to reasonable fees for work done and the defendant's defence assailing the bill was scandalous, frivolous and an abuse of process and properly struck out under Order 18 r.19(1)(b) and (d).