JUDGMENT

David Wong Dak Wah CJSS:

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing its appeal against the decision of the High Court in which the learned judge had affirmed the Disciplinary Board's (DB) decision in dismissing the appellant's complaint against the respondent for professional misconduct.

[2] We have heard the appeal and reserved our decision. We have since further considered the submissions of respective counsel and now give our decision and grounds.

[3] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice Dato' Sri Balia Yusof Haji Wahi has since retired.

Background Facts

[4] The appellant is the Bar Council of Malaysia, a statutory body tasked, among others, with overseeing the conduct of its members who are advocates and solicitors practicing in Peninsular Malaysia.