Section 18

(Deleted by Act A1188).

If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director General on his account, the excess shall be repaid to him.

Except in so far as regulations may otherwise provide any sums remaining unpaid on account of a person’s contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Director General on his account, a sum equal to the deficiency shall be a first charge on any property (wherever situate)

which is recovered or preserved for that person in the proceedings.

The reference in the preceding subsection to property recovered or preserved for any person, shall include his rights under any settlement or compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings (not being sums otherwise payable to the Director General).

18 Laws of Malaysia ACT 26

The charge created by subsection (4) of this section on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor’s lien for costs would not prevent it.

References in this section to the net liability of the Director

General on any person’s account in relation to any proceedings refer to the aggregate amount of the sums paid or payable by the Director

General on his account and where the person has been represented in the proceedings by the Director General, such sums as would in the opinion of the Director General have been payable on the person’s account had he been represented by a solicitor assigned to him, in respect of those proceedings and not recouped by sums which are recovered by virtue of an order or agreement for costs made in his favour with respect to those proceedings.

Cancellation of certificate