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2023 MarsdenLR 626

HIGH COURT MALAYA PENANG
SAW WOEI CHIN – Appellant
Versus
LIM SEANG LEE – Respondent


Petitioner Advocates:Yeap Chin Pho ,Respondent Advocate: Charles Surendra Rajah,Lim Seang Lee

Table of Content
1. application for mareva injunction related to legal fees. (Para 1 , 3 , 5 , 30)
2. court found lack of real risk of asset dissipation. (Para 14 , 15 , 29)
3. personal undertaking from the plaintiff negated the risk of dissipation. (Para 40 , 46 , 48)
Quay Chew Soon J:

Introduction

[1] The Defendant ("D") filed an application dated 24 February 2023 vide encl 51 ("Encl 51") for a Mareva injunction against the Plaintiff ("P"). Encl 51 is made under O 29 of the Rules of 2012.

[2] On 31 March 2023, I dismissed Encl 51. Here are the grounds of my decision.

Bill Of Costs

[3] D is an advocate and solicitor of the High Court of Malaya. She had issued a Bill of Costs dated 8 March 2022 ("Bill of Costs") for professional charges in respect of legal services rendered to Saw Chin Huat, deceased ("Deceased"). The said legal services were provided over a span of 7 years beginning from 2014 until the year 2021.

[4] D claimed total professional fees of RM735,166.72 and disbursements totalling RM5,674.64. Of which, the Deceased had paid a sum of RM10,000 as part-payment of fees and a total sum of RM4,233.83 for disbursements incurred.

[5] The Deceased passed away on 29 January 2020. P is th

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