James Foong JCA:

Brief Background

[1] The appellant is a contributory of a private limited company known as Nadchatiram Realities (1960) Sdn Bhd (the said company) that was wound-up pursuant to an order made by the High Court at Seremban on 5 September 1988. The official receiver (liquidator) was appointed liquidator of the said company. The said company is solvent. Concerned that the liquidator was proceeding to dispose off a piece of landed property of the said company, the appellant lodged a private caveat over the same. The liquidator, by way of an ex parte application, successfully removed the said caveat. When the appellant became aware of this, she applied, by way of summons in chamber in encl. 209, to set aside this ex parte order. The respondent (who is the 2nd defendant in the winding up petition of the said company) opposed this application. She was successful and encl. 209 was dismissed with costs awarded to her. Thereafter, the respondent filed a bill of costs claiming a sum of RM350,000 for getting up fee. On 4 January 2002, the getting up fee was taxed down to RM250,000. The registrar of the court who taxed the bill of costs was one Tuan Mohd Nasir bin Nordi