[2024] 4 MLRA 782

Court of Appeal, Putrajaya
Kamaludin Md Said, Hashim Hamzah, Collin Lawrence Sequerah JJCA
[Civil Appeal No: W-02(A)-704-04-2023]
13 May 2024


Collin Lawrence Sequerah JCA:

(A) Introduction

[1] This is the appellant/intervener's appeal against the decision of the learned High Court Judge ("HCJ") on 27 March 2023 in allowing the appeal against the appellant's order dated 26 February 2023.

[2] This appeal relates to the power of the appellant (Disciplinary Board) ("DB") in directing its Disciplinary Committee ("DC") to make a finding on the respondent's liability vide a letter dated 19 April 2019 pursuant to r 28 of the Legal Profession (Disciplinary Proceedings) Rules 2017, ("2017 Rules").

(B) Background Facts

[3] The pertinent facts that led to this appeal emanate from the appointment of the respondent who is a practicing lawyer and was appointed by the Complainant, Tok Tiak Hoong ("the Complainant") to handle a legal matter against CIMB on her behalf.

[4] There is no dispute that the Complainant paid the sum of RM50,000.00 to the respondent.

[5] There exists a dispute as to whether the said sum was paid by way of a retainer for the specific purpose of initiating legal action against CIMB or whether it was also in relation to other matters involving legal matters relating to the Complainant, her son and her former companies, Hock Sang Realty and Hock Sang Travel Centre (M) Sdn Bhd.

[6] On 18 November 2016, the Complainant informed the respondent that she will handle her legal matters and her Companies' legal matters on her own.

[7] The Complainant subsequently lodged a complaint against the respondent through a letter dated 12 February 2017 to the Advocates and Solicitors Disciplinary Board ("DB") of the appellant, which was registered as Complaint No DB/17/0093.

[8] The DB then issued a letter dated 2 June 2017 to the respondent and requested for an explanation from him pursuant to s 100(1)(b)(i), (ii) of the Legal Profession Act 1976 ("LPA").

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