29 May 2022
DIANA ANN SEAH JOUSEPH A/L JOHNSON
- Citation
- JA-A72NCvC-1457-12/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-A72NCvC-1457-12/2021 (Mahkamah Majistret)
Court allowed Defendant's striking out application: supporting affidavit was admitted (filed same day and no prejudice), but the writ and statement of claim were irregular because plaintiff failed to endorse occupation as required; critically the retainer clause (35% of award) was champertous/contingent and therefore unlawful and void under s112(1)(b) Legal Profession Act 1976 and ss24/25 Contracts Act 1950, rendering the claim unsustainable. On alternative reasoning the court accepted Plaintiff's contention that any recoverable claim only accrued on the insurer payment in 2018, but primary b…