Tetuan Azim, Tunku Farik & Wong v Tetuan Ong Partnership [2021] 6 MLJ 464

COURT OF APPEAL (PUTRAJAYA)
LAU BEE LAN, RAVINTHRAN AND MOHD SOFIAN JJCA
CIVIL APPEAL W-02(A)-137–01 OF 2020
11 September 2021

Civil Procedure — Bill of costs — Taxation — Law firm (‘plaintiff’) was cited as third party in civil suit — Insurer for plaintiff’s lawyers appointed lawyer in another firm (‘defendant’) to defend plaintiff in suit — Following amicable settlement of suit defendant submitted bill of costs for handling matter to insurer which paid bill without objection and sent same to plaintiff for reimbursement — Plaintiff refused to reimburse on ground bill amount was excessive and unreasonable — Plaintiff applied to High Court to tax bill under s 126 of Legal Profession Act 1976 almost one year after receiving it — Whether plaintiff had right to petition for taxation when it was not the party which appointed defendant — Whether High Court was wrong in allowing bill to be taxed — Whether bill was excessive or unreasonable or devoid of details and explanation of work done — Whether plaintiff breached six-month limitation period in obtaining order for taxation of bill — Whether plaintiff had shown special circumstances to allow court to enlarge time for bill to be taxed