Lau Liat Meng & Co v Lum Kai Keng: Taxation of Paid Bill of Costs for Legal Services
In Lau Liat Meng & Co v Lum Kai Keng, the Court of Appeal of Singapore heard an appeal regarding the taxation of a solicitor's bill of costs. Lau Liat Meng & Co sought to increase their fees for work already billed and paid by their client, Madam Lum Kai Keng. The court allowed the appeal, setting aside the lower court's decision and restoring the assistant registrar's original award, finding that the firm was entitled to present an increased bill for taxation.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal addressed whether a solicitor can render a larger bill of costs for work already paid for by the client. The court allowed the appeal, restoring the assistant registrar's award.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lau Liat Meng & Co | Appellant | Corporation | Appeal Allowed | Won | Andre Arul |
| Lum Kai Keng | Respondent | Individual | Decision Set Aside | Lost | Wong Siew Hong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Judith Prakash | Judge | Yes |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Arul | C Arul & Partners |
| Wong Siew Hong | Independent Practitioner |
4. Facts
- Madam Lum needed legal advice regarding her late husband's estate and consulted Mr Lau.
- Mr Lau provided advice from February 26, 1998, to February 28, 2000.
- Madam Lum discharged the firm and engaged Mr KS Chung as counsel.
- Mr Lau rendered two bills to Madam Lum in December 1999.
- Madam Lum applied to tax the bills, and the firm agreed.
- The firm claimed $220,000 in its bill of costs, based on 446 hours at $500 per hour.
- The assistant registrar taxed $110,000 off Section 1, allowing it at $110,000.
5. Formal Citations
- Lau Liat Meng & Co v Lum Kai Keng, CA 147/2002, [2003] SGCA 24
6. Timeline
| Date | Event |
|---|---|
| Mr Lau gave Madam Lum advice | |
| Mr Lau gave Madam Lum advice | |
| Mr KS Chung was engaged as counsel | |
| First bill rendered by Mr Lau to Madam Lum | |
| Second bill rendered by Mr Lau to Madam Lum | |
| Madam Lum's new solicitors wrote to the firm | |
| Firm filed its bill of costs | |
| Judgment issued |
7. Legal Issues
- Taxation of Paid Bill of Costs
- Outcome: The court held that a solicitor is entitled to present a larger bill for taxation even if the original bill has been paid, provided the client requests the taxation.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Law of Advocates and Solicitors in Singapore and West Malaysia | N/A | Yes | The Law of Advocates and Solicitors in Singapore and West Malaysia by Tan Yock Lin | Singapore | Cited for commentary on O 59 r 28(4) and the question of whether a solicitor can deliver a second complete bill. |
13. Applicable Rules
| Rule Name |
|---|
| r 28(1) Rules of Court |
| r 28(4) Rules of Court |
| r 28(5) Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 1997 Rev Ed) O59 | Singapore |
| s 120 of the Act | Singapore |
| s 122 of the Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Bill of costs
- Taxation
- Solicitor-client relationship
- Interim bill
- Rules of Court
15.2 Keywords
- Taxation of costs
- Solicitor's bill
- Legal fees
- Rules of Court
- Lau Liat Meng
- Lum Kai Keng
16. Subjects
- Legal Fees
- Solicitor's Bill
- Taxation of Costs
17. Areas of Law
- Legal Profession
- Civil Procedure