Judicial commissioner Choong Yeow Choy said the plaintiff, Rosniyati Maskam, 64, had proven that the lawyers failed to pay the claimed sum to her.

“The plaintiff is entitled to claim the balance sum of RM913,200 with interest,” he said in his judgment.

Choong also awarded Rosniyati RM30,000 in costs.

The defendants in the suit – lawyers Melvinder Singh and Yasmin Syakirah Zakaria – were partners of the firm Melvin Yasmin & Associates.

Melvinder died on Sept 4, 2023, and was replaced as a party to the suit by Kugapriya Ganasan.

Choong said the key issue in the case was whether Rosniyati had authorised the firm to deduct the sum in payment of legal fees purportedly owed by her son, Izzuddin Sharif, and his company, Gabungan Garuda Sdn Bhd (GGSB).

The judge said an acknowledgment and authorisation letter signed by Rosniyati did not specify the sum to be set off, adding that she had only agreed to a deduction of RM8,000 from the proceeds.

He ruled that all partners in the firm were jointly liable for debts incurred by the firm during their partnership. He also said that following Melvinder’s death, his estate would assume liability for the debt.

Choong said it was undisputed that Rosniyati had appointed Melvinder and the legal firm to act on her behalf.

He said although Yasmin had no personal knowledge of the land transaction, she could not be absolved of liability for the debt owed to Rosniyati as she was a partner of the firm.

“In view of the established principles of the law regarding the liability of partners in a partnership, Yasmin, as a partner, is jointly liable to the plaintiff,” he said.

Rosniyati had engaged the law firm to act on her behalf in the sale of a property worth RM980,000.

From the initial 10% deposit payable under the sale and purchase agreement, a sum of RM29,400 (equivalent to 3% of the purchase price) was withheld by the purchaser’s solicitors for real property gains tax.

The defendants’ firm received the balance deposit of RM68,600 and, subsequently, the sum of RM882,000, being the remainder of the purchase price, but refused to pay the sum to Rosniyati.