SUBBAIYAMMAH A/P KANNA NAIDU v TETUAN GEETHAN RAM (SEBUAH FIRMA GUAMAN YANG BERDAFTAR DENGAN MAJLIS PEGUAM MALAYSIA)
23 cases cited
(0 SG, 23 foreign)
Catchwords
TAXATION OF BILL OF COSTS: preparation of Bill of Costs - purpose of taxation - comment and remark of paying party - Legal Profession Act 1976, s. 132 TAXATION OF BILL OF COSTS: affidavit evidence - consideration of relevant evidence - discretion of taxing officer and exclusion - documents filed in Court's e-Filing system - minutes of relevant cases in Court's e-Filing system TAXATION OF BILL OF COSTS: affidavit evidence - failure to prepare affidavit despite Court's instruction - failure to file Notice of Intention to use Affidavit GETTING UPS: getting ups of each works stated in one lump sum under heading "Getting Up (A)" - whether reference to written submissions allowed - whether invoices previously prepared prior to obtaining order for taxation still relevant - Legal Profession Act 1976, s. 121(c) TAXATION OF BILL OF COSTS - applicable principles - Legal Profession (Practice and Etiquette) Rules 1978, r. 11 - Rules of Court 2012, O. 59, r. 16(1) - Rules of Court 2012, O. 59, r. 17(2) - quantum - principle GETTING UPS: considerations - application of Letter of Administration - running down cases - market rate - conduct of solicitors toward the case - importance of matter to client GETTING UPS: approach to taxation - based on knowledge of market rate - based on estimate damages that the client will obtain - based on estimate costs if costs on party-to-party basis is assessed - based on percentage of total judgement sum - Legal Profession Conditional Fee (Personal Injury) Rules - proposal GETTING UPS: other considerations - entitlement of solicitors - entitlement to incur fee in respect of each and every matter - entitlement in event discharged in the eleventh hour - difference between preparation for oral submissions and the actual oral submissions - necessity of using the service of senior counsel in preparation of appeal when the full trial was conducted by a senior associate of the same firm OUT OF POCKET EXPENSES: failure to adduce supporting receipts and documentations - presumed bona fide - onus of rebutting the presumption - effect of failure to rebut - Legal Profession Act 1976, s. 124(3) INTERESTS: Legal Profession Act 1976, s. 133 - whether financed - client did not enjoy the benefit - moneys retained with solicitors as stakeholder pending outcome of appeal - whether entitled to impose interest
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Evidence Act 1950 (Cap 56)
Legal Profession Act 1976 (Cap 166)
Rules of Court 2012
Subordinate Courts Act 1948 (Cap 92)
Supreme Court Act 1981
s 51(1)
Cases Cited (23)
UK (1)
[1983] 3 All ER 153
MY (22)
[1984] 1 MLJ 95 [1987] 2 CLJ 26 [1989] 1 MLJ 156 [1990] 1 MLJ 292 [1991] 1 CLJ 594 [1992] 1 MLJ 779 [1994] 1 MLJ 47 [1995] 4 CLJ 108 [1995] 4 CLJ 670 [1998] 7 MLJ 168 [1999] 7 CLJ 481 [2000] 2 MLJ 29 [2003] 7 CLJ 50 [2012] 9 CLJ 352 [2013] 10 MLJ 805 [2014] 10 MLJ 385 [2018] 8 CLJ 566 [2019] MLJU 625 [2022] MLJU 3674 [2023] 7 CLJ 313 [2023] 8 CLJ 966 [2024] 6 CLJ 487
Judgment
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Read on eJudgmentSource: eJudgment (ba-17d-1-04-2024)