SUBBAIYAMMAH A/P KANNA NAIDU v TETUAN GEETHAN RAM (SEBUAH FIRMA GUAMAN YANG BERDAFTAR DENGAN MAJLIS PEGUAM MALAYSIA)
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
TAXATION OF BILL OF COSTS: preparation of Bill of Costs TAXATION OF BILL OF COSTS: affidavit evidence GETTING UPS: getting ups of each works stated in one lump sum under heading "Getting Up (A)" TAXATION OF BILL OF COSTS GETTING UPS: considerations GETTING UPS: approach to taxation GETTING UPS: other considerations OUT OF POCKET EXPENSES: failure to adduce supporting receipts and documentations INTERESTS: Legal Profession Act 1976, s. 133
Judges (1)
Case Significance
SUBBAIYAMMAH A/P KANNA NAIDU v TETUAN GEETHAN RAM (SEBUAH FIRMA GUAMAN YANG B... is a High Court (Mahkamah Tinggi) decision dated March 27, 2025 (citation: ba-17d-1-04-2024). The case was decided by Henry Ho Yit Yao.
Key issues: 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.
What was the outcome of SUBBAIYAMMAH A/P KANNA NAIDU v TETUAN GEETHAN RAM (SEBUAH FIRMA GUAMAN YANG B...?
SUBBAIYAMMAH A/P KANNA NAIDU v TETUAN GEETHAN RAM (SEBUAH FIRMA GUAMAN YANG B... is a High Court decision dated March 27, 2025. The case was heard by Henry Ho Yit Yao. See the full judgment for details.