Malaysia Case Law: Decisions & Judgments

Topic

Taxation of solicitor's bill

Legal area

Court

30 Oct 2024

SAUJANA TRIANGLE SDN BHD TETUAN RAJ MAY & ASSOCIATES (Disaman sebagai sebuah firma)

Citation

BA-24NCC(ARB)-1-02/2024 (Mahkamah Tinggi)
Court

ARB
Case number

BA-24NCC(ARB)-1-02/2024 (Mahkamah Tinggi)

The Note of Charges was a gross sum bill (sufficient narrative but insufficient itemisation) and therefore not a detailed bill in taxable form; accordingly s.126/s.128 timelines do not apply and the Plaintiff cannot rely on s.126 alone; s.121(1)(b) is inapplicable because the Defendant has not commenced action on the bill; additionally the Plaintiff is estopped by prior conduct and a letter agreement from disputing the bill; the Originating Summons discloses no reasonable cause of action and is struck out with costs.
16 Jul 2024

COUNTRY HEIGHTS HOLDINGS BERHAD TETUAN CHELLAM WONG

Citation

BA-24NCvC-765-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-765-04/2024 (Mahkamah Tinggi)

The court found on the evidence that the debt was not disputable: the Letter of Appointment was valid, Jared Lim had apparent authority and the respondent was entitled to rely on the indoor management rule; the invoices were acknowledged and the statutory framework and time limits for taxation meant the applicant had not shown a bona fide defence or 'no chance of success'. Therefore the applicant failed to meet the threshold for a Fortuna injunction and the applications were dismissed with costs.
7 May 2024

Overseas Industries Sdn. Bhd. H T Lim & Partners (Menjalankan amalan dibawah nama dan gaya Tetuan H T Lim & Partners)

Citation

JA-24NCvC-1306-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCvC-1306-11/2023 (Mahkamah Tinggi)

Applicant failed to establish special or exceptional circumstances to justify extending the statutory time to apply for taxation under section 126/128 LPA 1976; the Bill of Costs is prima facie bona fide and the statutory timelines were not complied with, therefore the application for extension and related taxation application is refused.
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.
19 Sept 2022

PEMPETISYEN TETUAN KAMARUDIN & PARTNERS RTSF (M) SDN BHD

Citation

BA-26NCvC-1-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-26NCvC-1-11/2021 (Mahkamah Tinggi)

The court found the petitioner’s bills were itemised, supported and within the permissible ranges under the Rules of Court; the respondent did not prove the charges or disbursements were unreasonably incurred or excessive; the discounted invoice did not preclude taxation of the original amounts. Accordingly all seven items were allowed in full totaling RM29,339.00 and a 4% allocator of RM1,173.56.
9 Mar 2021

TETUAN AZIM, TUNKU FARIK & WONG TETUAN ONG PARTNERSHIP

Citation

W-02(A)-137-01/2020 (Mahkamah Rayuan)
Court

A
Case number

W-02(A)-137-01/2020 (Mahkamah Rayuan)

Respondent falls within 'person liable to pay' under s126 because insurer's indemnity was subject to a RM50,000 base excess making respondent liable to reimburse amounts actually paid; limitation under s126 ran from delivery of the bill to the insurer on 19.12.2017 and respondent failed to procure an order within six months; the respondent failed to establish 'special circumstances' under s128 to justify extension; therefore the High Court's order allowing taxation was wrong and is set aside.

Malaysia Case Law

SAUJANA TRIANGLE SDN BHD TETUAN RAJ MAY & ASSOCIATES (Disaman sebagai sebuah firma)

COUNTRY HEIGHTS HOLDINGS BERHAD TETUAN CHELLAM WONG

Overseas Industries Sdn. Bhd. H T Lim & Partners (Menjalankan amalan dibawah nama dan gaya Tetuan H T Lim & Partners)

RHB Trustees Berhad Tetuan Rosley Zechariah

PEMPETISYEN TETUAN KAMARUDIN & PARTNERS RTSF (M) SDN BHD

TETUAN AZIM, TUNKU FARIK & WONG TETUAN ONG PARTNERSHIP