KUALA LUMPUR: A legal firm is suing the trustee of Orang Asli settlers in Johor to recover fees close to about RM600,000 for representing them in a number of legal actions.
Messrs Rosley Zechariah said it provided advisory and litigation services to RHB Trustees Bhd last year and had delivered 10 invoices to the defendant.
“Despite the request and demands for payment, the defendant refused to, neglected and omitted to pay RM577,912,” the firm said in a statement of claim filed in the Sessions Court last month.
The firm wants the money paid with interest, costs and other relief deemed fit by the court.
Last year, the court appointed RHB to manage the trust fund after removing Ng Eng Kiat as the receiver and manager.
RHB, however, retained the services of Rosley Zechariah but later terminated them for demanding the RM577,912.
In its defence filed by Messrs Srimurugan & Co two weeks ago, RHB said the claim was excessive and the filing of the suit was premature as there was an agreement to tax the bill.
The case will be mentioned before a Sessions Court judge on Jan 5.
Meanwhile, RHB has filed a separate suit in the High Court to tax the solicitor’s bill and has named Messrs Isharidah, Ho, Chon and Menon, besides Messrs Rosley Zechariah, as defendants.
This matter will be mentioned before a deputy registrar on Jan 21.
In August, an 11-year legal battle by the Orang Asli settlers in Johor to recover RM32 million and 57 apartments came to a sweet end for the indigenous people when the Federal Court dismissed a leave application by seven individuals and companies.
Chief Justice Tengku Maimun Tuan Mat, who led a three-member bench, said none of the legal questions posed warranted the appeal to be heard on merit. She upheld the judgments of the High Court and Court of Appeal.
Twenty years ago, the High Court in Johor Baru awarded RM26.5 million in compensation to the Orang Asli from the Jakun tribe living around the Linggui water catchment area for loss of livelihood, hunting and foraging.
The state acquired the land to build a dam to supply water to Singapore.
The court ordered RM22 million of the amount to go to the trust fund (Trustee of the Linggui Valley Orang Asli). However, the amount came to RM38.5 million due to the interest accrued over the years.
The then lawyer for the Orang Asli, S Kanawagi, and two batins or headmen, started managing the trust fund.
In 2009, the Orang Asli led by Saling bin Lau Bee Chiang filed a suit to compel Kanawagi to account for the money under his care and control.
In 2016, then High Court judge Samsudin Hasan ordered Kanawagi, now barred from legal practice, to return RM16 million to the Orang Asli after deducting RM500,000 for payment of legal fees.
Samsudin found Kanawagi, his son Dinesh and their legal firm, Messrs Khana & Co, liable for the misuse, mismanagement and misappropriation of money meant as compensation from the Johor government.
He also ordered Virgin Properties Sdn Bhd, its director Ku Azahar Ku Abdul Razak, lawyers Riza Makhzan Arifin and Puteri Intan Nurul Arzian Abdul Aziz from Sharifah & Associates and Mampu Jaya Sdn Bhd to pay RM10 million in damages and for 57 units of apartments purchased to be returned to the trust.
At the Federal Court, lawyers and former Malaysian Bar presidents Ragunath Kesavan and Lim Chee Wee represented RHB on a pro bono basis after RHB discharged lawyers from Rosley Zechariah.
Lawyer Ragumaren, who appeared for the Orang Asli, said steps were taken to recover the judgement sum amounting to RM32 million and also get the 57 units of apartments transferred to the trust.
“The trust fund has depleted,” he told FMT, adding that he expected RHB to declare a one-off bonus payment of between RM20,000 and RM30,000 to 52 families next month.
The families are each currently receiving a monthly payment of RM1,200 as ordered by the High Court.