Malaysia Case Law: Decisions & Judgments

Topic

Refund of legal fees

Legal area

Court

10 Apr 2023

1. ) XXXX 2. ) Nor Akhfa Binti Jalal 3. ) Izma Binti Idris 4. ) Chen Kiat Leong MALAYAN BANKING BERHAD

Citation

W-02(NCvC)(W)-2220-10/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2220-10/2018 (Mahkamah Rayuan)

The Court of Appeal found the defendants professionally negligent for failing to file the appeal record and to prosecute/re-instate suits within limitation, held expert evidence was not mandatory for assessing contentious advocate conduct, rejected the defendants' reliance on the principal debtor clause to avoid loss, and allowed the plaintiff's appeal awarding recovery for loss of chance (plaintiff entitled to total settlement quantum of RM750,000 less previously awarded RM127,994, i.e. RM622,006); Appeal 2194 allowed, Appeal 2220 dismissed; no order as to costs.
10 Apr 2023

MALAYAN BANKING BERHAD 1. ) XXXX 2. ) Nor Akhfa Binti Jalal 3. ) Izma Bt Idris 4. ) Chen Kait Leong

Citation

W-02(NCvC)(W)-2194-10/2018 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-2194-10/2018 (Mahkamah Rayuan)

The Court of Appeal held that the Defendants were professionally negligent for failing to timely file the appeal record and to prosecute/reinstate proceedings within limitation, that the Plaintiff lost a real and substantial chance to recover sums from the Borrower and Guarantors, expert evidence was not necessary in this contentious litigation to establish standard of care, the principal debtor clause did not negate limitation and the Plaintiff was entitled to recover legal fees (RM127,994) and additional damages for loss of chance (RM622,006) to reach the agreed settlement measure of RM750,…

Malaysia Case Law

1. ) XXXX 2. ) Nor Akhfa Binti Jalal 3. ) Izma Binti Idris 4. ) Chen Kiat Leong MALAYAN BANKING BERHAD

MALAYAN BANKING BERHAD 1. ) XXXX 2. ) Nor Akhfa Binti Jalal 3. ) Izma Bt Idris 4. ) Chen Kait Leong