/akn/my/judgment/high-court/2022/639daf5b-75cd-40bd-88fd-655309b66cae
High Court of Malaysia24 May 2022WA-22NCvC-497-07/2021
The written judgment as the court issued it, with the coram, case number, and source links. Every paragraph has its own anchor.
Content
1 DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR DALAM WILAYAH PERSEKUTUAN, MALAYSIA BAHAGIAN SIVIL NO. GUAMAN SIVIL : WA-22NCVC-497-07/2021 ANTARA MOHAMED HANIFF KHATRI ABDULLA (BERAMAL DI ATAS NAMA DAN DENGAN GAYA “HANIFF KHATRI”) …PLAINTIF
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TAN SRI DATO’ HAJI MAHIADDIN BIN MD YASIN [DALAM KAPASITINYA SEBAGAI PEMEGANG JAWATAN PRESIDEN PARTI PRIBUMI BERSATU MALAYSIA]
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DATO’ SERI HAMZAH ZAINUDIN [DALAM KAPASITINYA SEBAGAI PEMEGANG JAWATAN SETIAUSAHA AGUNG PARTI PRIBUMI BERSATU MALAYSIA]
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DATO’ MOHAMED SALLEH BAJURI [DALAM KAPASITINYA SEBAGAI PEMEGANG JAWATAN BENDAHARI AGUNG PARTI PRIBUMI BERSATU MALAYSIA] ...DEFENDAN-DEFENDAN JUDGMENT Introduction
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The Plaintiff applied for summary judgment under Order 14 of the Rules of Court 2012 (“the Rules”). 15/07/2022 08:51:34 WA-22NCvC-497-07/2021 Kand. 28
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Order 14 (1) of the Rules states as follows:
Subsection
(1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part thereof except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. Brief Facts
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The Plaintiff is a practising lawyer and sole owner of the legal firm of Haniff Khatri (“the legal firm”) whereas the 1st Defendant is a political party and the other Defendants are the office bearers.
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The Plaintiff’s claim is for legal fees to the amount of RM 12.5 million for legal services rendered to the Defendants.
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The Plaintiff contends that there was an oral understanding between certain personalities related to the 1st Defendant and this included the 2nd Defendant for the Plaintiff to render legal advise and prepare legal documentation when necessary.
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The Plaintiff had rendered the legal service required and had billed the Defendants for his services which the Defendants have failed to pay to date. The Issue
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In the Court’s view the main issue to be determined for an application for summary judgement under Order 14 of the Rules is whether the Defendants’ have a defense to the Plaintiff’s claim. The Defendant’s Defense
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From the Statement of Defense it can be seen that the Defendants’ main defense is that they deny the Plaintiff’s appointment as the legal adviser to the 1st Defendant.
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As there is no formal or written appointment as admitted by the Plaintiff himself, the only way to prove the appointment of the Plaintiff is by testimonies of the parties named in the Statement of Claim namely Tun Dr Mahathir and Dato’ Seri Utama Mukhriz Mahathir.
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However, these persons have not filed any affidavits to support the Plaintiff’s contention that the Plaintiff was appointed to give legal advise.
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There being no affidavit in support for the Plaintiff’s contention in the Application for summary Judgement the only way to prove the appointment is for the Plaintiff to call these persons as witnesses in a full trial.
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In short, the Defendants’ have a credible defense which needs to be determined after a full trial and cannot be determined summarily by way of summary judgment. Conclusion
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In the upshot the Court dismissed the Plaintiff’s application for summary judgment under Order 14 of the Rules with a cost of RM3,000. Dated : 13.7.2022 sgd DATO’ HAJI AKHTAR BIN TAHIR Judge High Court of Malaya, Kuala Lumpur PARTIES For the Plaintiff: Tetuan Haniff Khatri No. 26 Tingkat Atas Jalan Camar 4/3 Seksyen 4 Kota Damansara 47800 Petaling Jaya For the Defendants: Tetuan Chetan Jethwani 25 Persiaran Bukit Tunku Taman Tunku 50480 Kuala Lumpur
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