SIVA SUBRAMANIAM A/L M. SHANMUGAM CHIN KAM SENG PENCELAH MALAYSIAN BAR

SIVA SUBRAMANIAM A/L M. SHANMUGAM CHIN KAM SENG PENCELAH MALAYSIAN BAR

The court allowed the Bar Council to intervene because section 103E(6) LPA and O.15 r.6(2)(b) RC 2012 permit intervention at any stage, the Bar Council has a statutory duty under section 42 LPA to maintain professional standards, and the issues on appeal (including breach of undertaking and serious allegations against the Disciplinary Committee) are sufficiently pertinent to the Bar Council’s statutory role such that its presence is necessary to ensure full and fair adjudication; application granted with no order as to costs.

Citation
WA-17D-33-08/2024 (Mahkamah Tinggi)
Parties
Appellant/perayu: Siva Subramaniam a/l M Shanmugam; Respondent: Chin Kam Seng; Proposed Intervener: Majlis Peguam (Bar Council)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 May 2025
Case Number
WA-17D-33-08/2024 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Disciplinary Board Decision Arising From Advocates & Solicitors Disciplinary Proceedings / Intervener Leave Application at Appeal Stage (originating Summons WA 17 D 33 08/2024)
Outcome
Application to intervene by Bar Council allowed.
Legal Topics
Intervention, Disciplinary Proceedings, Natural Justice, Breach of Undertaking, Professional Sanctions (suspension and Fine)
Source Language
Malay/English
Legal Profession Administrative Law Civil Procedure Professional Discipline Intervention Disciplinary Proceedings Natural Justice Breach of Undertaking +1 more

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Parties

Siva Subramaniam a/l M Shanmugam

Appellant/perayu

Chin Kam Seng

Respondent

Majlis Peguam (Bar Council)

Proposed Intervener

Procedural Posture

Appeal Against Disciplinary Board Decision Arising From Advocates & Solicitors Disciplinary Proceedings / Intervener Leave Application at Appeal Stage (originating Summons WA 17 D 33 08/2024)

Legal Issues

  1. 1 Whether the Bar Council may intervene at the appeal stage under section 103E(6) LPA and Order 15 r.6(2)(b) RC 2012
  2. 2 Whether the Bar Council has a sufficient legal interest to justify intervention at this stage
  3. 3 Whether intervention would be barred by res judicata or create conflict due to prior involvement of the Bar Council/DB members

Ratio Decidendi

The court allowed the Bar Council to intervene because section 103E(6) LPA and O.15 r.6(2)(b) RC 2012 permit intervention at any stage, the Bar Council has a statutory duty under section 42 LPA to maintain professional standards, and the issues on appeal (including breach of undertaking and serious allegations against the Disciplinary Committee) are sufficiently pertinent to the Bar Council’s statutory role such that its presence is necessary to ensure full and fair adjudication; application granted with no order as to costs.

Court Disposition

Application to intervene by Bar Council allowed.

Orders

  • Leave granted to Majlis Peguam (Bar Council) to intervene in the appeal.
  • No order as to costs.