Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 112 lpa

Legal area

Court

9 Apr 2019

TENG KAM WAH (No. K/P: 550812-08-5019) 1. KIM KOO ENTERPRISE SDN BHD (No. Syarikat: 479439-H) 2. LIM YOKE MIN (No. K/P: 590428-06-5001)

Citation

WA-17D-23-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-17D-23-11/2018 (Mahkamah Tinggi)

The written Fees Agreement did not stipulate payment only upon success and therefore did not fall within s.112(1)(b); it is permissible under s.116 LPA; there was no admissible evidence of any oral contingency agreement and the 2nd defendant's Guarantee was signed and enforceable; accordingly the plaintiff's claims succeed.
9 Apr 2019

TENG KAM WAH (No. K/P: 550812-08-5019) 1. KIM KOO ENTERPRISE SDN BHD (No. Syarikat: 479439-H) 2. LIM YOKE MIN (No. K/P: 590428-06-5001)

Citation

WA-17D-23-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-17D-23-11/2018 (Mahkamah Tinggi)

The Fees Agreement did not stipulate payment only upon success and therefore did not fall within the prohibition in s.112(1)(b) LPA; it was a permissible written fee agreement under s.116 LPA. There was no credible evidence of an oral contingency arrangement and the 2nd Defendant had signed the Guarantee; accordingly the Fees Agreement and Guarantee were valid and enforceable and the plaintiff's application succeeds.