Major shifts in how courts award costs — Malanjum
SIBU: Malaysian courts have shown major shifts in how costs are awarded, said Chief Justice of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Malanjum.
He said for those unfamiliar with the system, there might seem to be a semblance of absolute discretion without any compliance with legal principles and rules.
“Gone were the days when parties during costs taxation proceedings could object on the basis of principles or quantum,” he said when launching ‘The Law of Costs in Civil Proceedings (Second Edition)’ by Dr Andrew Chew Peng Hui on Friday.
Malanjum said as chaotic as it might seem, the award of costs by the courts were actually very much guided by the parties when they were called to state their views.
He said Chew’s book was good reference, particularly for lawyers as they should be familiar with the legal principles involved in the award of costs before going to court for civil proceedings.
On costs in civil proceedings, he suggested it is time the legal fraternity consider approaches adopted by other jurisdictions.
“In Malaysia, especially in Sabah and Sarawak, there has been hardly any change made to address the issue of costs in civil proceedings although it is well known that the rates have increased tremendously.
“Contingent fee is still strictly prohibited under the local advocates ordinances. Access to justice may soon become elusive to most people. Some may be compelled to opt for out of court settlements although they are entitled to better terms if their cases come to court,” he said.
In the interim, Malanjum said it is advisable for legal practitioners, especially those involved in civil litigation, to equip themselves with Chew’s book.
“It is also beneficial for all judges, judicial and legal officers to read this book as it will definitely guide them in the execution of their daily task of dispensing justice. A copy should be found in each of the law libraries of legal firms in Malaysia,” he added.