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2021 MarsdenLR 373

COURT OF APPEAL PUTRAJAYA
TETUAN AZIM TUNKU FARIK & WONG – Appellant
Versus
TETUAN ONG PARTNERSHIP – Respondent


Petitioner Advocates:Lim Kian Leong,Jessica Chong Een Ming ,Respondent Advocate: Harpal Singh Grewal,Reny Rao and Ong Keh Keong

JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] This is an appeal against the decision of the High Court that allowed the respondent's application to tax a solicitor's bill under s 126 of the Legal Profession Act 1976 ( LPA ).

Brief Background Facts

[2] The respondent is a law firm. It was made a third party by its former client, ie Brightdale Sdn Bhd in a civil suit filed in the Shah Alam High Court in June of 2015. The respondent notified its insurer, Pacific & Orient Insurance who is also the insurer for all lawyers under the Bar Council's Professional Insurance Indemnity Scheme. The insurer appointed Mr Leong Wai Hong of M/s Skrine to act for the respondent. Subsequently, Mr Leong Wai Hong discharged himself and a fee of RM5,000.00 was paid to M/s Skrine. By August of 2016, parties in the legal suit were attempting to settle the dispute. On 16 August 2016, the insurer appointed Mr Wong Hok Mun of M/s Azim, Tunku Farik & Wong who are the appellant herein to represent the respondent in the matter that was pending settlement. But in an e-mail dated 21 October 2016, the respondent informed the appellant about the settlement effort and requested Mr Wong Hok Mun to "stand down" unt

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