Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Getting-up fees

Legal area

Court

23 Jan 2025

PATRICK HO CHANG 1. ) SUN LIFE MALAYSIA ASSURANCE BHD 2. ) SUN LIFE MALAYSIA TAKAFUL BERHAD PENCELAH Messrs Culaz & Associates

Citation

WA-22NCC-69-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-69-02/2022 (Mahkamah Tinggi)

The court allowed the Bill of Costs in part, awarding specified reduced amounts that reflect necessity, reasonableness and proportionality and disallowing disbursements lacking receipts and overlapping items; total allowable sum determined to be RM88,100 and award adjusted to prevent duplication and to reflect the extent of work performed without a full trial.
27 May 2021

ABDUL RAHIM BIN RAJUDIN MD ROSNI BIN MD MINHAD

Citation

WA-A52NCvC-556-06/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-556-06/2019 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff failed to prove most of the invoiced sums; the court applied burden of proof and adverse inference principles to exclude undocumented vouchers and duplicated claims, accepted only properly evidenced disbursement (expert report RM1,007) and proven bank transfers receipted by defendant (RM15,500 in loans), and exercised its discretion to fix a reasonable getting-up fee at RM7,300 and disbursements at RM3,649; found the invoice contained unreasonable and duplicated claims potentially amounting to professional misconduct.