DATO' DR. ABD. WAHAB BIN ABD GHANI 1. ) 1, MOHD. RASHID BIN MOHD NOOR 2. ) 2. DR. ARUL BALASINGAM 3. ) 3. AMPANG PUTERI SPECIALIST HOSPITAL SDN. BHD. (NO. SYARIKAT : 115517-A

DATO' DR. ABD. WAHAB BIN ABD GHANI 1. ) 1, MOHD. RASHID BIN MOHD NOOR 2. ) 2. DR. ARUL BALASINGAM 3. ) 3. AMPANG PUTERI SPECIALIST HOSPITAL SDN. BHD. (NO. SYARIKAT : 115517-A

The court found the former intern had access to confidential and case-specific information during his internship; TRDL failed to demonstrate effective information barriers to eliminate risk of prejudice; because the risk of misuse (direct or indirect, including at appeal) existed and public confidence in the...

Source-derived case information.

Citation
WA-22NCVC-281-05/2018 (Mahkamah Tinggi)
Parties
Appellant / 2nd Defendant: Dr. Arul Balasingam; Respondent / 1st Defendant: Mohd Rashid bin Mohd Noor; Plaintiff: Dato' Dr. Abd. Wahab bin Abd Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 December 2020
Case Number
WA-22NCVC-281-05/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal (court of Appeal)
Outcome
Applications in Lampiran 45 and Lampiran 58 allowed
Legal Topics
Disqualification of Counsel, Information Barriers, Solicitor Client Confidentiality, Costs Orders
Civil Procedure Legal Profession Ethics Confidentiality Conflict of Interest Professional Conduct Disqualification of Counsel Information Barriers Solicitor Client Confidentiality +1 more

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Parties

Dr. Arul Balasingam

Appellant / 2nd Defendant

Mohd Rashid bin Mohd Noor

Respondent / 1st Defendant

Dato' Dr. Abd. Wahab bin Abd Ghani

Plaintiff

Procedural Posture

Civil Appeal / Appeal (court of Appeal)

  1. 1 Whether TRDL should be disqualified from representing the 2nd Defendant because a former intern had access to confidential information of TPSR
  2. 2 Whether information barriers instituted by TRDL were adequate to prevent misuse of confidential or privileged information
  3. 3 Whether threats to seek costs personally against opposing solicitors constituted improper conduct warranting relief

Ratio Decidendi

The court found the former intern had access to confidential and case-specific information during his internship; TRDL failed to demonstrate effective information barriers to eliminate risk of prejudice; because the risk of misuse (direct or indirect, including at appeal) existed and public confidence in the profession would be undermined, TRDL and its members were disqualified and restrained from acting for the 2nd Defendant; the applicant's reliefs in Lampiran 45 and Lampiran 58 were therefore allowed.

Court Disposition

Applications in Lampiran 45 and Lampiran 58 allowed

Orders

  • Lampiran 45 allowed: Tetuan Raja, Darryl & Loh disqualified from acting for the 2nd Defendant in the High Court action and restrained from communicating any confidential or privileged information obtained from Tetuan P S Ranjan & Co (TPSR)
  • Members, partners, employees, trainees and agents of Tetuan Raja, Darryl & Loh restrained from acting or appearing for the 2nd Defendant in this action (Lampiran 58 allowed)