CHANRAVATHANE A/P S PONNUDURAI MAJLIS PEGUAM MALAYSIA

CHANRAVATHANE A/P S PONNUDURAI MAJLIS PEGUAM MALAYSIA

The Court held that the DB Letter of 13 October 2022 was a mere notification under s103D(4) and not a final order; the final order was the DB Order dated 7 January 2023 which combined findings on liability and punishment, and only that final order is appealable under s103E; consequently the originating summons filed against the 13 October letter was premature and properly dismissed.

Citation
W-02(A)-741-05/2023 (Mahkamah Rayuan)
Parties
Appellant / Pemohon: Chanravathane A/P S Ponnudurai; Respondent / Bar Council: Majlis Peguam Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
15 October 2024
Case Number
W-02(A)-741-05/2023 (Mahkamah Rayuan)
Procedural Posture
Appeal Under Section 103 E Legal Profession Act 1976 / Court of Appeal Judgment on Appeal From High Court Dismissal of Originating Summons
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Disciplinary Proceedings, Appealability, Final Order, Judicial Review, Procedural Prematurity
Source Language
Malay/English
Legal Profession Administrative Law Civil Procedure Professional Discipline Disciplinary Proceedings Appealability Final Order Judicial Review +1 more

Case Brief

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Parties

Chanravathane A/P S Ponnudurai

Appellant / Pemohon

Majlis Peguam Malaysia

Respondent / Bar Council

Procedural Posture

Appeal Under Section 103 E Legal Profession Act 1976 / Court of Appeal Judgment on Appeal From High Court Dismissal of Originating Summons

Legal Issues

  1. 1 Whether the Disciplinary Board's letter dated 13 October 2022 constituted a final order or decision under s103D and therefore was appealable under s103E
  2. 2 Whether an appeal against a non‑final notification is premature and incompetent
  3. 3 Effect of the 2012 amendment inserting the word 'final' into s103E on the availability of appeals and judicial review

Ratio Decidendi

The Court held that the DB Letter of 13 October 2022 was a mere notification under s103D(4) and not a final order; the final order was the DB Order dated 7 January 2023 which combined findings on liability and punishment, and only that final order is appealable under s103E; consequently the originating summons filed against the 13 October letter was premature and properly dismissed.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Originating summons dismissed as premature and incompetent
  • High Court decision dismissing the OS affirmed