Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Delivery of bill of costs

Legal area

Court

10 Nov 2022

Sin Yeap Holdings (M) Sdn Bhd Hasan Sabri & Hashim Nazri

Citation

BA-12BNCVC-30-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCVC-30-07/2022 (Mahkamah Tinggi)

An invoice that combines multiple distinct contentious and non-contentious matters into a single lump-sum figure does not constitute a valid bill of costs under the Legal Profession Act 1976 and the Solicitors' Remuneration Order 2005; without delivery of valid bills per matter the solicitor cannot maintain an action for recovery of costs, therefore the Sessions Court judgment awarding RM300,000 was set aside and the action struck out with liberty to file afresh after proper delivery of separate bills for each matter.
3 Mar 2020

1. ) LIM KIEN SENG 2. ) PENTADBIR HARTA PUSAKA LIM KIAN PEET, SIMATI MANOHARAN A/L KANDASAMY

Citation

02(f)-44-04/2019(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-44-04/2019(W) (Mahkamah Persekutuan)

The 2.4.2012 letter did not constitute mutual consent to taxation; respondent did not deliver a bill of costs within the meaning of section 126(1) LPA and, even if he had, he filed for taxation after the one year statutory period; consequently the High Court order for taxation was unsustainable and the appeal is allowed. Where a bill is undisputed a solicitor may sue within six years from completion of the business.