Malaysia Case Law: Decisions & Judgments

Ismail Khoo & Associates (sebagai sebuah firma guaman) Yeoh Yih Terk PENCELAH VISENTAK SDN BHD

Citation

PA-24NCvC-774-08/2022 (Mahkamah Tinggi)

Court

High Court

Case number

PA-24NCvC-774-08/2022 (Mahkamah Tinggi)

The defendant failed to demonstrate the required special circumstances to justify a stay of execution: there was no evidence plaintiff could not repay; the alleged error in the judgment amount was not a special circumstance; monetary judgments are not ordinarily stayed; hence the stay application is dismissed.

24 Apr 2024

Ismail Khoo & Associates (sebagai sebuah firma guaman) Yeoh Yih Terk PENCELAH VISENTAK SDN BHD

Citation: PA-24NCvC-774-08/2022 (Mahkamah Tinggi)
Court: High Court
Case number: PA-24NCvC-774-08/2022 (Mahkamah Tinggi)

The court found the two Retainers and the Warrant to Act constituted a valid written agreement under s116 LPA, were not tainted by undue influence, and were not contingency fee arrangements prohibited by s112; exercising its s118 discretion the court held the agreement fair and reasonable but amended the quantum, reducing the total payable from RM600,000 to RM450,000 (RM300,000 + RM150,000), and ordered interest at 5% p.a. from 18.8.2022, SST equivalent of 6% (RM27,000) and costs of RM30,000.