LIM KIEN HUAT 1. ) HO SHEN LEE (M) SDN BHD (Dalam Liquidasi) 2. ) TAN KEN MENG 3. ) KHOO CHUN FUN 4. ) MAJLIS PEGUAM MALAYSIA

LIM KIEN HUAT 1. ) HO SHEN LEE (M) SDN BHD (Dalam Liquidasi) 2. ) TAN KEN MENG 3. ) KHOO CHUN FUN 4. ) MAJLIS PEGUAM MALAYSIA

The High Court dismissed the appeal because the DB/DC findings were not manifestly perverse, there was no breach of natural justice (appellant was given opportunity to be heard on penalty), partner liability attached for firm staff conduct, res judicata and locus arguments failed, and the DB was entitled to enhance...

Source-derived case information.

Citation
BA-17D-12-08/2023 (Mahkamah Tinggi)
Parties
Appellant: LIM KIEN HUAT; 1st Respondent: HO SHEN LEE (M) SDN BHD (Dalam Liquidasi); 2nd Respondent: TAN KEN MENG; 3rd Respondent: KHOO CHUN FUN; 4th Respondent: MAJLIS PEGUAM MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 July 2024
Case Number
BA-17D-12-08/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Appeal Against Advocates and Solicitors Disciplinary Board Order / Judgment — Appeal Dismissed (high Court, Shah Alam)
Outcome
Appeal dismissed; Disciplinary Board Order upheld
Legal Topics
Professional Misconduct, Breach of Court Order, Partner Liability for Staff, Natural Justice (right to Be Heard), Res Judicata, Locus Standi, Disciplinary Sanctions (suspension and Fine)
Legal Profession Disciplinary Proceedings Company Law Insolvency/winding Up Civil Procedure Professional Misconduct Breach of Court Order Partner Liability for Staff +4 more

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Parties

LIM KIEN HUAT

Appellant

HO SHEN LEE (M) SDN BHD (Dalam Liquidasi)

1st Respondent

TAN KEN MENG

2nd Respondent

KHOO CHUN FUN

3rd Respondent

MAJLIS PEGUAM MALAYSIA

4th Respondent

Procedural Posture

Originating Summons Appeal Against Advocates and Solicitors Disciplinary Board Order / Judgment — Appeal Dismissed (high Court, Shah Alam)

Legal Issues

  1. 1 Whether the Disciplinary Board/Committee findings were manifestly perverse
  2. 2 Whether natural justice was breached (denial of right to be heard on liability)
  3. 3 Whether appellant is liable for actions of legal assistant/partner responsibility

Ratio Decidendi

The High Court dismissed the appeal because the DB/DC findings were not manifestly perverse, there was no breach of natural justice (appellant was given opportunity to be heard on penalty), partner liability attached for firm staff conduct, res judicata and locus arguments failed, and the DB was entitled to enhance sanction; therefore the DB Order (6 months suspension and RM50,000 fine) stands and costs were awarded as ordered.

Court Disposition

Appeal dismissed; Disciplinary Board Order upheld

Orders

  • Appeal dismissed
  • DB Order upheld: suspension from practice for 6 months and fine of RM50,000.00