Section 25 — LEGAL AID ACT 1971

(2)

Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise) he shall be liable to pay to the Director General so much of the moneys so recovered as is recovered in respect of costs.

(3)

For the purposes of subsection (2) of this section the moneys recovered in respect of costs shall be deemed to be so much of the total amount so recovered as exceeds the amount (if any) recoverable by the aided person otherwise than as costs.

(4)

Where any moneys are recovered by a person to whom a legal aid certificate has been granted under section 15, 16 or 16A (whether in proceedings or by virtue of a settlement or compromise) he shall, subject to the provisions of this subsection, be liable to pay, out of moneys so recovered, to the Director General the aggregate amount of the sums paid or payable by the Director General on his account and, where such 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 his account had he been represented by a solicitor assigned to him:

Provided that—

(a)

where the amount recovered does not exceed one thousand ringgit, no sum shall be payable by the aided person under this subsection;

24 Laws of Malaysia ACT 26

(b)

where the amount recovered exceeds one thousand ringgit, the sum payable by the aided person under this subsection shall not exceed—

(i)

one-fourth of the amount recovered; or

(ii)

the difference between the amount received and the amount of one thousand ringgit whichever is the less.

(5)

Without prejudice to the generality of subsections (1), (2), (3)

and (4) the expression “costs” shall include—

(a)

counsel’s fees whether or not the same have been paid;

(b)

fees and charges of the nature referred to in paragraphs 21(3)(a) and (b); and

(c)

any sums which, pursuant to subsection 22(3), are expended by the Director General in meeting out of pocket expenses or are paid by the Director General for that purpose.

(6)

Where the costs recovered by the Director General under this section include any of the fees, charges or sums referred to in paragraphs (5)(b) and (c), such costs shall be applied, in the first instance, in and towards satisfaction of such fees, charges or sums.

Stay of proceedings upon making of application for legal aid