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1986 MarsdenLR 770

MOHAMED DZAIDDIN
PHUAH CHOON HWANG – Appellant
Versus
HASSAN & KONG YEAM – Respondent


JUDGMENT

Mohamed Dzaiddin J:

Sometime in 1974 the petitioners who are residents of Singapore retained the respondents as their solicitors in Penang High Court originating summons No. 220 of 1974 involving the distribution of the estate of Phuah Eng Seang, deceased, under the Probate and Administration Act 1959. On 30 June 1983, the respondents informed the petitioners' solicitors in Singapore that in lieu of taxation they would like to deduct from the estate money the sum of RM45,000 and RM11,000 respectively towards their professional fees, charges and disbursements. Naturally, the petitioners instructed their Singapore solicitors to protest which they did and asked the respondents to have their bills of costs taxed. Subsequently on 7 September 1983, the respondents forwarded to the petitioners' solicitors two sets of bills of costs which were later handed to their present solicitors Messrs Shearn Delamore & Company for further action.

On 28 September 1984, Messrs Shearn Delamore & Co. filed this petition which prays for an Order of Course that the two bills of costs of the respondents be taxed on solicitor and client basis. In view of the fact that the period of more than one yea

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