Sri Ram's widow fails to quash RM200,000 legal fee refund suit

KUALA LUMPUR: The widow of the late Datuk Seri Gopal Sri Ram has been unable to dismiss a lawsuit demanding that his estate return RM200,000 in legal fees she claims were not fully earned after his death. High Court judge Alice Loke ruled against Datin Seri Chandra Sri Ram's attempt to dismiss the case brought by Khoo Gee Tat, stating that his complaint was not obviously unfounded and should undergo a full hearing on its merits.

Chandra was sued as the executor and trustee of the former Federal Court judge and senior lawyer's estate, who passed away on January 29, 2023. Khoo had hired Sri Ram in September 2022 as primary counsel to represent his son, Adrian Khoo, in a Court of Appeal criminal appeal. Sri Ram passed away before fulfilling his duties, leading Khoo to hire another lawyer to continue the appeal.

Khoo now seeks a refund of the RM200,000, arguing no consideration was rendered or received following Sri Ram's death. Chandra argued Khoo lacked standing as he was not Sri Ram's client, but Loke dismissed this, noting Khoo had engaged Sri Ram, paid the retainer, received the firm's invoice, and communicated with the deceased lawyer during the appeal.

The judge found the factual evidence suggested a client relationship. The judge also acknowledged that the issue of refundability required a thorough examination of the law and facts, making a striking-out application inappropriate. Loke referenced the Court of Appeal's Sivarasa Rasiah & Ors v Che Hamzah Che Ismail & Ors decision, which held that a claim can only be dismissed if its unsustainability is evident on its face. If detailed legal and factual analysis is necessary, the matter should proceed to trial.