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2010 MarsdenLR 350

HIGH COURT MALAYA KUALA LUMPUR
TEMPLER PARK GOLF & RESORT BHD & ANOR – Appellant
Versus
TETUAN GEORGE VARUGHESE – Respondent


Table of Content
1. defendant's failure to challenge bills. (Para 2 , 3)
2. disputes regarding solicitors' bills and injunctions. (Para 4)
3. guidelines for court discretion on injunctions. (Para 5)
4. court's final orders on dismissal and costs. (Para 6)
Hamid Sultan Abu Backer J:

[1] This is my judgment in respect of the plaintiffs' application to restrain the defendant (solicitor) from presenting a winding up petition relating to non-payment of solicitors bill.

Brief Facts

[2] The defendant has issued a total of 20 separate s. 218 notices to the plaintiffs relating to none payment of their itemized solicitor's bill issued in essence pursuant to Solicitor's Remuneration Order 1980. The plaintiffs have not made any objections; or made any applications for taxation of the bill, as provided for under the Legal Profession Act 1976 ( LPA 1976) . However, the plaintiffs in this application inter alia complained that (i) the quantum is excessive (ii) the defendant has failed to comply with ss. 126 and 128 of 1976 (iii) the plaintiffs are willing to deposit the monies claimed pending the invoices being taxed and the company is solvent. The defendant says (i) it is an undisputed fact that the de

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