KUALA LUMPUR: A leading publisher of law reports and the Malaysian Bar are exploring the possibility of settling out of court a RM3.8 million suit for breach of contract for failing to facilitate lawyers in using its online services.
Lawyer Austen Pereira, representing Lexisnexis Malaysia Sdn Bhd, said the parties met trial judge Mohd Firuz Jaffril and informed him that they were discussing mediation as an option.
“He has asked us to come back next week to update him,” Austen said after case management before Firuz.
Austen, who was assisted by David Yii, said Firuz, however, maintained the five-day trial dates from Jan 11.
Lawyers Lai Wai Fong and Abhilaash Subramaniam appeared for the Bar.
In its suit filed in September last year, Lexisnexis Malaysia said the Bar had held negotiations for over a year to allow lawyers access to its law reports online.
The Bar was supposed to pay the publisher from the annual subscription it collects from the lawyers.
Under the terms of agreement signed in February last year , the Bar agreed to subscribe to Lexisnexis Malaysia’s services for five years and to pay the company RM1.3 million each year.
The Bar and its authorised users, with the exception of lawyers from Selangor, would have access to these services.
Lexisnexis Malaysia said it was willing and able to perform the contract, and distributed 50 IDs to the various Bar committees in the peninsula.
It also claimed to have conducted roadshows in various states in collaboration with the Bar to explain its services to lawyers.
The Bar was supposed to table a motion at its annual meeting in March last year to implement the plan, but Lexisnexis Malaysia said this was not done.
The company said the Bar ended the contract in April, which resulted in the breach of agreement.
“The defendant acted capriciously and failed to act honestly and reasonably towards the plaintiff,” it said in its statement of claim.
Lexisnexis Malaysia is claiming RM3.539 million in general damages and RM237,000 in special damages.