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1991 MarsdenLR 1233

EDGAR JOSEPH
UNITED MALAYAN BANKING CORP.BHD. – Appellant
Versus
SYKT.PERUMAHAN LUAS SDN.BHD. – Respondent


Advocates:
For the client - Mohd Nor (Ong Guat Ean with him); M/s. Wong-Chooi & Mohd. Nor
For the taxing solicitors - N.G. Sivanandan (Karin Lim Ai Ching with him); M/s. Presgrave & Matthews

JUDGMENT

Edgar Joseph Jr J:

This was an application by taxing solicitors that the review of taxation of taxing solicitors' bill of costs as between themselves and their own clients ("the clients") herein by the Senior Assistant Registrar be reviewed by this Court pursuant to Rules of the High Court 1980 (RHC) O. 59 r. 36.

The primary question for decision before the Senior Assistant Registrar was whether on the taxation to allow in favour of taxing solicitors an amount more than the gross sum bill which they had earlier rendered to the clients. At first, having had the advantage of full argument, the Senior Assistant Registrar ruled in favour of taxing solicitors and allowed a sum of RM65,658.45. However, upon review, the Senior Assistant Registrar reversed her earlier ruling relying on the judgment of Chan Sek Keong J in Berta Services Sdn. Bhd. v. Makhanlall & Co. Ltd. [1989] 2 MLJ 269 and allowed a sum of RM40,454.15 inclusive of allocatur fees.

It is settled law that in cases such as the present, unless it can be demonstrated that the Taxing Registrar has erred on a question of principle, this Court would have no jurisdiction to interfere. (See Coon v. Diamond Tread Co. Ltd. [1

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