1. ) SURESH A/L DORASAMY 2. ) KAYTRE A/P DORASAMY 1. ) Dorasamy A/l Nalaya 2. ) Partiban A/l Dorasamy 3. ) Sarawathy A/p Karuppan

1. ) SURESH A/L DORASAMY 2. ) KAYTRE A/P DORASAMY 1. ) Dorasamy A/l Nalaya 2. ) Partiban A/l Dorasamy 3. ) Sarawathy A/p Karuppan

The firm was directly involved in the events and documents central to the dispute, the principal has close family ties to parties and knowledge that could make him a material witness, creating a real and reasonable risk of conflict and impairment of professional independence; therefore the court, exercising its inherent jurisdiction and applying professional rules, must disqualify the firm to preserve integrity and public confidence in the proceedings.

Citation
JA-24NCvC-683-05/2024 (Mahkamah Tinggi)
Parties
Applicant Plaintiff: Suresh A/L Dorasamy; Applicant Plaintiff: Kaytre A/P Dorasamy; Respondent First: Dorasamy A/L Nalaya; Respondent Second: Partiban A/L Dorasamy; Respondent Third: Saraswathy A/P Karuppan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2025
Case Number
JA-24NCvC-683-05/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (saman Pemula) / Determination of Application to Disqualify Counsel and Judgment
Outcome
Application allowed
Legal Topics
Removal of Counsel, Inherent Jurisdiction, Confidential Information, Professional Conduct Rules, Appointment of Committee and Trustee
Source Language
Malay/English
Legal Ethics Conflict of Interest Mental Health Act Civil Procedure Removal of Counsel Inherent Jurisdiction Confidential Information Professional Conduct Rules +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Suresh A/L Dorasamy

Applicant Plaintiff

Kaytre A/P Dorasamy

Applicant Plaintiff

Dorasamy A/L Nalaya

Respondent First

Partiban A/L Dorasamy

Respondent Second

Saraswathy A/P Karuppan

Respondent Third

Procedural Posture

Originating Summons (saman Pemula) / Determination of Application to Disqualify Counsel and Judgment

Legal Issues

  1. 1 Whether Tetuan Manian K. Marappan & Co has a real and reasonable conflict of interest from prior involvement
  2. 2 Whether the firm or its principal may be called as a material witness and thus impair professional independence
  3. 3 Whether delay in bringing the application or other procedural objections defeat the application

Ratio Decidendi

The firm was directly involved in the events and documents central to the dispute, the principal has close family ties to parties and knowledge that could make him a material witness, creating a real and reasonable risk of conflict and impairment of professional independence; therefore the court, exercising its inherent jurisdiction and applying professional rules, must disqualify the firm to preserve integrity and public confidence in the proceedings.

Court Disposition

Application allowed

Orders

  • Tetuan Manian K. Marappan & Co. is disqualified and prohibited from continuing to represent the Respondents in these proceedings
  • Any lawyer from Tetuan Manian K. Marappan & Co. shall not act for the Respondents in this matter