Mohammad Najib bin Tun Haji Abdul Razak 1. ) Thomas Thomas @ Mohan a/l K. Thomas 2. ) Kerajaan Malaysia

Mohammad Najib bin Tun Haji Abdul Razak 1. ) Thomas Thomas @ Mohan a/l K. Thomas 2. ) Kerajaan Malaysia

The court found no sufficient evidence of any nexus, personal or pecuniary interest or likelihood the two named partners would be witnesses; the Defendant was not a partner and had no profit interest; the Attorney General had granted fiat to the two partners; the Plaintiff’s delayed objection amounted to an inconsistent position/estoppel; accordingly the disqualification application failed and was dismissed with costs, and the change of solicitors notice was allowed.

Citation
WA-21NVC-193-10/2021 - Enclosure (38) (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Mohammad Najib bin Tun Haji Abdul Razak; Defendant/respondent: Thomas Thomas @ Mohan a/l K. Thomas (Tan Sri Tommy Thomas); Second Defendant (withdrawn): Government of Malaysia
Court
38
Jurisdiction
Malaysia
Judgment Date
19 August 2022
Case Number
WA-21NVC-193-10/2021 - Enclosure (38) (Mahkamah Tinggi)
Procedural Posture
Civil: Torts Including Misfeasance in Public Office, Malicious Abuse of Process and Negligence / Interlocutory Application to Disqualify Solicitors Following Notice of Change of Solicitors; Decision on Enclosures (36) and (38)
Outcome
Application to disqualify solicitors dismissed; change of solicitors allowed
Legal Topics
Change of Solicitors, Conflict of Interest, Disqualification of Counsel, Consent/fiat Under Government Proceedings Act, Right to Counsel of Choice, Court Supervisory Jurisdiction
Source Language
Malay/English
Civil Procedure Professional Conduct Public Law Tort Change of Solicitors Conflict of Interest Disqualification of Counsel Consent/fiat Under Government Proceedings Act +2 more

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Parties

Mohammad Najib bin Tun Haji Abdul Razak

Plaintiff/appellant

Thomas Thomas @ Mohan a/l K. Thomas (Tan Sri Tommy Thomas)

Defendant/respondent

Government of Malaysia

Second Defendant (withdrawn)

Procedural Posture

Civil: Torts Including Misfeasance in Public Office, Malicious Abuse of Process and Negligence / Interlocutory Application to Disqualify Solicitors Following Notice of Change of Solicitors; Decision on Enclosures (36) and (38)

Legal Issues

  1. 1 Whether two partners of a firm may represent a former Attorney General who is a party to the suit without conflict of interest or pecuniary interest
  2. 2 Whether the Attorney General's consent/fiat under Section 24(3) of the Government Proceedings Act validates the appointment
  3. 3 Whether insufficient evidence and delay/estoppel preclude the disqualification application

Ratio Decidendi

The court found no sufficient evidence of any nexus, personal or pecuniary interest or likelihood the two named partners would be witnesses; the Defendant was not a partner and had no profit interest; the Attorney General had granted fiat to the two partners; the Plaintiff’s delayed objection amounted to an inconsistent position/estoppel; accordingly the disqualification application failed and was dismissed with costs, and the change of solicitors notice was allowed.

Court Disposition

Application to disqualify solicitors dismissed; change of solicitors allowed

Orders

  • Enclosure (38) (application to disqualify Tetuan Tommy Thomas and its partners) dismissed with costs RM3,000.00
  • Enclosure (36) (notice of change of solicitors appointing Tetuan Tommy Thomas; specifically Mr. Alan Adrian Gomez and Mr. Lai Wei Shiung per AG fiat) allowed