JUDGMENT

Moses Susayan J:

Introduction

[1] This is the defendants' application to strike out the plaintiffs' Bill of Costs totalling RM1,767,115.00, filed pursuant to the High Court 's judgment dated 28 November 2012. The defendants argue that the plaintiffs' claim is barred by res judicata, as the Federal Court has already disallowed the legal fees when claimed as special damages. They further contend that the Bill lacks proof of actual payment or liability. The plaintiffs dispute both grounds, maintaining their entitlement under the 2012 judgment.

Background Facts

[2] The plaintiffs initiated civil proceedings in 2006 involving multiple defendants, culminating in a High Court judgment dated 28 November 2012. That judgment held in favour of the plaintiffs and included a direction that the costs of the proceedings be taxed by the Registrar if not agreed between the parties.

[3] Subsequently, in a separate damages assessment decision dated 10 January 2022, the High Court awarded, among other things, RM2,604,000.00 to the plaintiffs as legal fees under the heading of special damages. The defendants appealed, and both the Court of Appeal and the Federal Court reduced the damages,