Malaysia Case Law

7 Jul 2023

RHB Trustees Berhad Tetuan Rosley Zechariah

Citation

WA-12BNCvC-142-10/2022 (Mahkamah Tinggi)

Court

High Court

Case number

WA-12BNCvC-142-10/2022 (Mahkamah Tinggi)

Appellant admitted services were rendered and agreed taxation was the mechanism to challenge quantum but failed to commence taxation within the six-month period under s126 LPA (and failed to establish special circumstances under s128); therefore the bills became absolute and payable and the appeal to resist payment on quantum grounds fails.

• Taxation of solicitor's bill
• Time limits under legal profession act s126 and s128
• Estoppel
• Negligence allegations against solicitors
• Solicitors' remuneration

27 Nov 2020

AWAN TIMUR PALM OIL MILL RESOURCES (PERAK) SDN BHD (No. Syarikat: 576904-H) TETUAN SHAHRIZAL & NASIR

Citation

JA-17D-3-06/2020 (Mahkamah Tinggi)

Court

High Court

Case number

JA-17D-3-06/2020 (Mahkamah Tinggi)

The application was dismissed because the defendant established a bona fide bill of costs and the plaintiff failed to apply for taxation within the one-year statutory period under s128(2) of the Legal Profession Act, which extinguished the plaintiff's remedy; no special circumstances existed to allow taxation outside the one-year bar and the fees were reasonable under the Solicitors Remuneration Order.

• Taxation of costs
• Bill of costs
• Extension of time
• Solicitors' remuneration
• Statutory limitation

MURAD AND FOO ADVOCATES AND SOLICITORS (A FIRM) v PERBADANAN PEMBANGUNAN PULAU PINANG

Citation

MURAD AND FOO ADVOCATES AND SOLICITORS (A FIRM) v PERBADANAN PEMBANGUNAN PULAU PINANG

Court

Malaysian court

The 1994 Solicitors' Remuneration (Amendment) Order applies because the relevant transaction (an agreement for tenancy) was completed on execution of the tenancy agreement on 14 April 1995; 'month's rent' is to be read in its ordinary meaning (the full monthly rent) and the 1994 Scale requires applying 1/4 of the month's rent for the first RM10,000 tier and 1/10 of the month's rent for the excess above RM10,000.

• Solicitors' remuneration
• Interpretation of scale orders
• Tenancy agreement execution date