1.

SEE TEOW KOON v KIAN JOO CAN FACTORY BERHAD [2016] MLJU 367

Costs payable for trial in the High Court

Order 59 rule 19(1) The amount of costs (excluding disbursement) that are payable shall be at the
discretion of the Court and shall be determined upon the conclusion of the trial.

Considering my decision to assess costs on an indemnity basis, I have decided that costs in a sum of

RM500,000 (excluding disbursements) should be paid by the Defendants to the Plaintiff. 

2. Alex Ting Kuang Kuo @ Ting Kuang Kuo v Credit Corp (M) Sdn Bhd [2012] MLJU 1070

the getting-up fees is fixed to RM3 5,000.00. The respondent to pay the costs of review in the sum of
RM3,000.00 to the applicant/Bank. The applicant to pay allocatur before the extraction of order for
costs, and the deputy registrar to issue certificate for the allocatur.

3. Globaltech Enterprise Sdn Bhd v Commerce Assurance Bhd [2013] MLJU 1620

In the case of an appeal, the costs of the proceedings giving rise to the appeal as well as the costs of the
appeal and of the proceedings connected with it may be dealt with by the court hearing the appeal: see
O. 59 r. 7(3).

The appeal is allowed to the extent that the costs of the defendant are allowed at RM62,343.70, plus
disbursements allowed by the SAR plus allocator. Interest is allowed at 4% from 18 January 2013 until
full realization. The costs and interests to be paid out of the security for costs.

4. VATHEMURTHY A/L ARUMUGAM & ANOR v RS THANENTHIRAN A/L RAMAN KUTTY & ANOR

allowing the appeal with costs of RM500 subject to 4% allocator

5. DATO’ ANNAS BIN KHATIB JAAFAR v SHARIFUDDIN MOHAMED & ORS

 Order 59 r 19 reads as follows:

19 Costs payable for trial in the High Court (O 59 r 19)

In making the two awards of costs the court took into consideration the following matters:

(a)the whole circumstances of the case;

(b)everything which led to the action;

(c)everything which led to the libel; and

(d)everything in the conduct of the parties.

In the premises and based on the reasons as set out above, the court granted to the plaintiff judgment
on liability for damages for libel against the three defendants and the court awarded to the plaintiff a
sum of RM30,000 as general damages for libel and a sum of RM40,000 as costs against the first and
second defendants and a sum of RM 10,000 as general damages for libel and a sum of RM30,000
as costs against the third defendant.