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Legal Update 5 of 2025

    Home Legal Updates Legal Update 5 of 2025
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    Legal Update 5 of 2025

    By jhjadmin | Legal Updates | 0 comment | 11 March, 2025 | 0

    ” Whether an investor who funds litigation costs can legitimately contract with lawyers to share proceeds received from a successful case?”

    CASE:

    HASINA MEERA MAIDIN v. TETUAN RAJINDER & GOH & ORS [2025] 2 MLRH 690

    BRIEF FACTS:

    • In 2009, JKR Terengganu awarded a project to Indah Sebati Sdn Bhd (ISBB) in which the appellant (“Hasina”) was an investor.

    • ISBB’s contract was terminated in 2013 which led to a legal action against JKR Terengganu.

    • ISSB lacked funds for legal representation, so Hasina introduced ISSB to the respondent’s law firm (“Tetuan Rajinder & Goh”) and stepped in to fund the litigation by paying their fees.

    • Hasina then claimed that there was a verbal agreement in 2014 which was then later documented in a letter dated 29.09.2017 (“the Agreement”), whereby Tetuan Rajinder & Goh undertook to pay Hasina 15% of the judgment sum if the case was successful.

    • ISSB won the case receiving RM5,130,537.60 and Tetuan Rajinder & Goh were paid their legal fees but they had refused to honour their undertaking to Hasina.

    • Tetuan Rajinder & Goh states that Hasina had already successfully sued ISSB directly and was awarded RM1,250,000.00 as a return of her investment hence Tetuan Rajinder & Goh claims that Hasina’s current claim amounts to unjust enrichment as she is attempting to profit twice from the same matter.

    • Hasina then sued Tetuan Rajinder & Goh.

    THE DECISION OF THE SESSIONS COURT (SC)

    • Firstly, the SC dismissed Hasina’s claim on the basis that there was no evidence of a verbal agreement between Hasina and Tetuan Rajinder & Goh.

    • The SC found that the Agreement was signed under duress after threats and harassment and that there was no valid consideration for the undertaking.

    • The SC held that the undertaking by Tetuan Rajinder & Go was void and unenforceable and that Hasina’s claim amounted to unjust enrichment as she attempted to profit twice from the same matter.

    • Hasina was dissatisfied with the judgment and as such had appealed against the decision of the SC.

    THE DECISION OF THE HIGH COURT (HC)

    • The HC held that the Agreement was a valid contract where Hasina had funded the legal fees in exchange for a share of the judgment sum.

    • The HC was of the view that Hasina’s payment of RM80,000.00 constituted sufficient consideration for Tetuan Rajinder & Goh’s undertaking.

    • The HC further states that the claim for duress by Tetuan Rajinder & Goh was not supported by evidence as no police reports or direct testimony to corroborate the coercion allegations.

    • The HC held that the arrangement made between Hasina and Tetuan Rajinder & Goh was not touting but a legitimate business agreement as Hasina had a financial stake in ISSB and was not merely referring client for commission.

    • The HC was of the view that allowing Tetuan Rajinder & Goh to retain the full benefit while avoiding their contractual obligation would result in unjust enrichment.

    • The HC had ordered for Tetuan Rajinder & Goh to fulfill their obligations and pay Hasina her rightful share.

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