LEE HENG YAU 1. ) 1. LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN HAJI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINARY BOARD) 2. ) 2. TETUAN LAINAH YAACOB & ZULKEPLI PEGUAM ZULKEPLI BIN OMAR [SERIAL NO: 5316] 3.

LEE HENG YAU 1. ) 1. LEMBAGA TATATERTIB PEGUAM BELA & PEGUAM CARA (DATUK DR. ABDUL RAMAN BIN HAJI SAAD CHAIRMAN ADVOCATES & SOLICITORS DISCIPLINARY BOARD) 2. ) 2. TETUAN LAINAH YAACOB & ZULKEPLI PEGUAM ZULKEPLI BIN OMAR [SERIAL NO: 5316] 3.

The appeal was statute-barred and improperly filed (not by originating motion) and no application for extension of time was made; accordingly the appeal is dismissed with costs.

Source-derived case information.

Citation
BA-17D-11-05/2020 (Mahkamah Tinggi)
Parties
Applicant (penjaga Ad Litem): Lee Heng Yau; Respondent 1: Lembaga Tatatertib Peguam Bela & Peguam Cara; Respondent 2: Lainah Yaacob & Zulkepli (Zulkepli Bin Omar); Respondent 3: Presiden Majlis Peguam Malaysia; Respondent 4: Pacific Willplan and Trustplan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 September 2020
Case Number
BA-17D-11-05/2020 (Mahkamah Tinggi)
Procedural Posture
Appeal Under Section 103 E of the Legal Profession Act 1976 Against Disciplinary Board Decision / High Court Determination on Timeliness and Preliminary Objection (appeal Dismissed)
Outcome
appeal dismissed
Legal Topics
Appeal Time Limits, Disciplinary Proceedings, Extension of Time, Mode of Filing (originating Motion)
Administrative Law Professional Discipline (legal Profession) Civil Procedure Appeal Time Limits Disciplinary Proceedings Extension of Time Mode of Filing (originating Motion)

Source-derived case record

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Parties

Lee Heng Yau

Applicant (penjaga Ad Litem)

Lembaga Tatatertib Peguam Bela & Peguam Cara

Respondent 1

Lainah Yaacob & Zulkepli (Zulkepli Bin Omar)

Respondent 2

Presiden Majlis Peguam Malaysia

Respondent 3

Pacific Willplan and Trustplan

Respondent 4

Procedural Posture

Appeal Under Section 103 E of the Legal Profession Act 1976 Against Disciplinary Board Decision / High Court Determination on Timeliness and Preliminary Objection (appeal Dismissed)

Legal Issues

  1. 1 Whether the appeal was filed within one month as required by s103E of the Legal Profession Act 1976
  2. 2 Whether the appeal was filed by way of originating motion as required by s103E(4)
  3. 3 Whether the appellant should be granted extension of time or relief for non-compliance due to Movement Control Order/COVID-19

Ratio Decidendi

The appeal was statute-barred and improperly filed (not by originating motion) and no application for extension of time was made; accordingly the appeal is dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs