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2015 MarsdenLR 965

COURT OF APPEAL PUTRAJAYA
TITIAN DESA SDN BHD & ANOR – Appellant
Versus
AKBERDIN HAJI ABDUL KADER – Respondent


Petitioner Advocates:Malik Imtiaz Sarwar,Pavendeep Singh,John Aloysius Skelchy,Natasha Earnest Kunasingh ,Respondent Advocate: Gopal Sri Ram,Jagjit Singh,Rafie Mohd Shafie,Abd Shukor Ahmad,Mohd Reza Mohd Rafie,David Yii Hee Kiet

Table of Content
1. appeal decisions on claims and counterclaims (Para 1 , 2)
2. details surrounding the legal engagement and fee structure (Para 3 , 4 , 5 , 6 , 7)
3. findings of the high court summarized (Para 8 , 9)
4. arguments presented by parties regarding the fee agreement (Para 10 , 11)
5. preliminary issues determined concerning the basis of the fee claim (Para 12 , 13 , 14 , 15 , 16 , 17)
6. court's reasoning against the awarded fees and lifting of the corporate veil (Para 18 , 19 , 20)
Vernon Ong JCA:

[1] This appeal relates to a decision of the learned Judicial Commissioner (JC) given on 25 September 2014 whereby (i) the plaintiff's claim against the 1st and 2nd defendants was allowed, (ii) the plaintiff's claim against the 3rd defendant was dismissed, and (iii) the 1st defendant's counterclaim against the plaintiff was also dismissed.

[2] This appeal is brought by the 1st and 2nd defendants against the part of the decision in allowing the plaintiff's claim against them. The plaintiff is also cross-appealing against the part of the decision dismissing his claim against the 3rd defendant. In this judgment, the parties shall be referred to as they were in the court below.

The Salie

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