SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 MarsdenLR 1908

HIGH COURT MALAYA SHAH ALAM
SUBBAIYAMMAH KANNA NAIDU – Appellant
Versus
TETUAN GEETHAN RAM – Respondent
[Originating Summons No: BA-17D-1-04/2024]



Petitioner Advocates:Muhammad Ashrul Haikal Ashri ,Respondent Advocate: Lavanyia Raja

The taxation of legal fees must reflect fair compensation for services rendered, aligning with market standards and ensuring reasonableness of costs incurred.

Headnote:(A) Legal Profession Act 1976 - Sections 129 and 132 - Taxation of legal fees - Upon mutual consent, invoices were subjected to taxation, resulting in allowance of RM55,882.00 for fees and disbursements for works done by the former solicitor, to be paid by the client. - A client, previously dissatisfied with fees, initiated taxation proceedings after a civil suit following a road accident involving her son. - Invoices detailed deductions against judgment sums and further legal actions taken leading up to the taxation. - The court considered reasonableness of fees and authorized related costs and expenses not exceeding reasonable market rates. - No evidence of overcharges found; consequently, costs fully allowed. (Paras 1-172)

(B) Taxation Proceedings - Court’s jurisdiction extends to ensuring costs reflect fair and reasonable fees based on prevailing legal practices and market standards. - The court emphasized discretion in allowing additional evidence relevant to taxation not limited to trial proceedings, applying statutory parameters from the LPA. (Paras 66-78)

(C)

Findings of Court:
The taxation process upheld the principle that legal professionals are entitled to fair compensation, reflecting the extent of services rendered and associated complexities. The amounts charged were determined reasonable given the circumstances of the client’s case. - Overall, RM55,882.00 was deemed just and equitable for payment. (Paras 52, 172)

(D)

Result: Costs of RM1,000.00 awarded against the client for the taxation proceedings.

Table of Content
1. taxation of invoices as part of court proceedings. (Para 1 , 2)
2. background of the solicitor-client relationship and invoices issued. (Para 4 , 12 , 15)
3. details of the civil claims resulting from injury events. (Para 7 , 8 , 9 , 10)
4. agreement on invoice tax processing. (Para 19 , 20)
5. importance of documents presented during the taxation process. (Para 26 , 27 , 28 , 33 , 51)
6. principles governing taxation of costs. (Para 66 , 72)
7. cost responsibilities following taxation outcomes. (Para 163 , 164 , 170)
Henry Ho Yit Yao Reg:

[1] The Plaintiff and the Defendant have vide an Order of the High Court ("Consent Order") mutually agreed that invoices bearing nos 000417/012/2023 and 000417/012/2024 ("Previous Invoices"), both issued by the Defendant, be taxed before the Registrar of the High Court. Pursuant to the Consent Order, the matter proceeded to be heard before me.

[2] After hearing both parties, and having perused all the relevant cause papers and/or documents available before me or which that I have access to, I taxed and allowed an amount of RM55,882.00 being the total fees and disbursements vis-à-vis all works done and services provided by the Defendant, to be payable by the Plaintiff.

[3] What follows are my reasons.

Facts Leading To The Issuance Of The Previous Invoices

[4] The Plaintiff ("Former Solicitor") is the former solicitor of the Defendant ("Client"). The cause before me arose out of the Client's dissatisfaction over the professional fees and disbursements charged by the Former Solicitor, which led tothe former having filed an Originating Summons ("OS") against the latter, seeking the Previous Invoices to be taxed.

[5] The solicitor-client relationship between the parties began as early as year 2018. The Client had on 31 December 2018 executed a Warrant to Act appointing and authorising the Former Solicitor to act for her in relation to a claim on behalf of her son vis-à-vis a road accident involving herself (membawa satu prosiding atau tuntutan bagi pihak anak saya berhubung dengan kes kemalangan jalanraya yang melibatkan diri saya) ("Warrant to Act").

[6] From a cursory glance at the Warrant to Act, one will find it rather confusing. However, from the perusal of the relevant police reports and notes of proceedings which were exhibited by the Former Solicitor in its Affidavit in Reply dated 30 May 2024 ("Affidavit in Reply") [note that this Affidavit in Reply was earlier prepared by the Former Solicitor in reply to the Client's Affidavit in Support of the OS dated 18 April 2024 ("Affidavit in Support")], the brief was for the purpose of a civil claim against the driver ("Backhoe Driver") cum owner ("Backhoe Owner") of a backhoe ("Backhoe") in relation to a road accident ("Road Accident") involving the Backhoe Driver cum Backhoe Owner and one Wong Jun Cheng, the biological son of the Client ("Client's Son").

[7] The Road Accident occurred on 29 December 2018 when the Client's Son was hit by the Backhoe, which, at that juncture and before the commencement of the civil suit, purported to have encroached into the lane upon which the Client's Son was riding his motorcycle, and resulted him in serious injury. This led to the filing of a civil suit in the Sessions Court of Shah Alam vide case No. BA-B53KJ-54-09/2019 ("the 2019 Suit"). A search on the Court's e-Filing system will reveal that the 2019 Suit was being brought in the name of the Client's Son.

[8] The Client's Son however succumbed to blood cancer some time after the 2019 Suit being initiated. The Former Solicitor was then being instructed to withdraw the 2019 Suit while the Client obtains a Letter of Administration over the estate of the Client's Son ("the Letter of Administration") from the High Court. An application for the Letter of Administration was subsequently filed vide case No. BA-31 NCvC- 57-01/2021 ("the LA Application").

[9] After being granted the Letter of Administration, the Former Solicitor was instructed to re-initiate the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top