JUDGMENT

Abdul Malik Ishak J:

The plaintiff was awarded getting-up fees at RM5,000 by the Senior Assistant Registrar and being dissatisfied he applied for a review (enclosure 48). The Senior Assistant Registrar ("SAR") awarded that sum on the assumption that the case was settled.

This was certainly a wrong assumption.

Though the issue of liability was agreed between the parties without the necessity of calling witnesses yet the case proceeded to trial on the sole issue of the quantum for damages

Two witnesses were called for this purpose and some efforts must have been put into it.

The following propositions are quite settled and reflected in the numerous decided cases

Firstly, "for purposes of taxation of costs running down actions could be considered to be the simplest of cases" (Canopee Investment Pte Ltd & Ors ] Landmarks Holdings Bhd. & Ors [1990] 1 MLJ 292). The present case falls squarely as a runner case and should be an easy matter to handle.

Secondly, the guidelines to determine the amount of getting-up fees are clearly set out in s 1 (2) of Appendix 1, Part X of Order 59 of the Rules of the High 1980 ("RHC") and this was adverted to in the case of United Malayan Banking Corpora