TANIA SCIVETTI 1. ) MAJLIS PEGUAM 2. ) LEMBAGA TATATERTIB PEGUAM-PEGUAM MALAYSIA 3. ) JAWATANKUASA TATATERTIB PEGUAM-PEGUAM MALAYSIA

TANIA SCIVETTI 1. ) MAJLIS PEGUAM 2. ) LEMBAGA TATATERTIB PEGUAM-PEGUAM MALAYSIA 3. ) JAWATANKUASA TATATERTIB PEGUAM-PEGUAM MALAYSIA

Declaratory reliefs were permissible despite availability of statutory remedies because the issue was jurisdictional and the DB had already determined the matter; section 99(3A) bars DB inquiry after six years but does not convert DC inquiry into DB inquiry; the DC breached mandatory section 103B(1) by failing to commence inquiry within one month and by unexplained delay of 49 months the DC’s inquiry and related disciplinary proceedings were unlawful, void and of no effect; High Court decision dismissing OS was set aside and declarations granted.

Citation
W-02(A)-2280-12/2021 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Tania Scivetti (Messrs Scivetti & Associates); 1st Respondent: Majlis Peguam (Bar Council); 2nd Respondent: Lembaga Tatatertib Peguam-Peguam Malaysia (Disciplinary Board); 3rd Respondent: Jawatankuasa Tatatertib Peguam-Peguam Malaysia (Disciplinary Committee)
Court
A
Jurisdiction
Malaysia
Judgment Date
29 March 2023
Case Number
W-02(A)-2280-12/2021 (Mahkamah Rayuan)
Procedural Posture
Appeal to Court of Appeal From High Court Originating Summons / Judgment on Appeal (court of Appeal)
Outcome
Appeal allowed in part; High Court judgment set aside to the extent of declaratory reliefs sought; declarations granted
Legal Topics
Declaratory Relief, Jurisdiction, Time Limitation, Disciplinary Proceedings, Exhaustion of Remedies
Source Language
Malay/English
Administrative Law Professional Discipline Legal Profession Regulation Civil Procedure Statutory Interpretation Declaratory Relief Jurisdiction Time Limitation +2 more

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Parties

Tania Scivetti (Messrs Scivetti & Associates)

Appellant / Plaintiff

Majlis Peguam (Bar Council)

1st Respondent

Lembaga Tatatertib Peguam-Peguam Malaysia (Disciplinary Board)

2nd Respondent

Jawatankuasa Tatatertib Peguam-Peguam Malaysia (Disciplinary Committee)

3rd Respondent

Procedural Posture

Appeal to Court of Appeal From High Court Originating Summons / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether declaratory relief was premature and barred by statutory remedies
  2. 2 Proper interpretation and application of section 99(3A) LPA regarding six year limitation
  3. 3 Whether breach of section 103B(1) LPA (failure to commence DC inquiry within one month) ousts jurisdiction and warrants declarations

Ratio Decidendi

Declaratory reliefs were permissible despite availability of statutory remedies because the issue was jurisdictional and the DB had already determined the matter; section 99(3A) bars DB inquiry after six years but does not convert DC inquiry into DB inquiry; the DC breached mandatory section 103B(1) by failing to commence inquiry within one month and by unexplained delay of 49 months the DC’s inquiry and related disciplinary proceedings were unlawful, void and of no effect; High Court decision dismissing OS was set aside and declarations granted.

Court Disposition

Appeal allowed in part; High Court judgment set aside to the extent of declaratory reliefs sought; declarations granted

Orders

  • The act of convening an inquiry by the Third Defendant on the appointment by the Second at this juncture is illegal, void, and of no effect for breach of section 103B(1) of the Legal Profession Act 1976
  • The disciplinary proceedings instituted by the Second Defendant against the Plaintiff are illegal, null, and void