Lawyer ordered to pay RM1.4mil to retiree without trial

Lawyer ordered to pay RM1.4mil to retiree without trial

KUALA LUMPUR: The High Court has ordered a lawyer to pay RM1.4 million to a retiree after four cheques he issued were dishonoured last year.

Allowing a summary judgment application today, judicial commissioner Gan Techiong said he found lawyer A Arnold Andrew had raised no triable issue in his defence.

Gan said he did not accept Andrew’s submission that there was no valid consideration for an agreement he entered with C Thanabalan, 72, to pay the money.

He said the lawyer also did not produce any evidence that Thanabalan had coerced him into making the payment.

Gan ordered Andrew to pay interest at the rate of 5% per year calculated from today until the payment is settled in full. He also awarded the plaintiff RM5,000 in costs.

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According to the facts of the case, Andrew, 62, issued a letter of undertaking to pay the sum two years ago.

Subsequently, he issued four cheques between June 25 and June 30 last year, but they were returned by the bank in November with the remark “drawer’s signature differs”.

The lawyer subsequently refused to settle the amount, leading Thanabalan to file a suit in December.

Counsel V Sivaparanjothi and R Thayalan represented Thanabalan while Dalveena Korotana and S Sarrenya appeared for Andrew.

The Kuala Lumpur High Court found that the lawyer did not produce any evidence of coercion by the plaintiff to pay the money.