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.