PALOH DEVELOPMENT SDN. BHD. 1. ) LEONG WAI HAR 2. ) Wakil Harta Pusaka Lee Soo Guan @ Ee Soon Guan

PALOH DEVELOPMENT SDN. BHD. 1. ) LEONG WAI HAR 2. ) Wakil Harta Pusaka Lee Soo Guan @ Ee Soon Guan

Counsel and firm were disqualified because they had previously acted for D1 and D2 in the reinstatement proceeding, received and prepared affidavit material and explanations about failure to lodge statutory documents that amounted to confidential information, engaged with family representatives (including ECT) who later act for the plaintiff, and therefore a fair‑minded informed member of the public would conclude the proper administration of justice required their removal (appearance of impropriety); costs RM10,000 ordered against the firm.

Citation
WA-24NCC-203-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Paloh Development Sdn. Bhd.; 1st Defendant: Leong Wai Har; 2nd Defendant (estate Representative): Wakil Harta Pusaka Lee Soo Guan @ Ee Soon Guan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 April 2025
Case Number
WA-24NCC-203-04/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Decision on Application to Disqualify Counsel (grounds of Judgment); Plaintiff Has Appealed to Court of Appeal
Outcome
Application allowed. Mr Dennis Yuean Jin Han and Messrs Cheang & Ariff disqualified from acting for the plaintiff in the originating summons; costs awarded against Messrs Cheang & Ariff.
Legal Topics
Disqualification of Counsel, Conflict of Interest, Confidential Information, Appearance of Impropriety, Reinstatement of Struck Off Company, Costs
Source Language
Malay/English
Legal Profession/ethics Civil Procedure Company Law Disqualification of Counsel Conflict of Interest Confidential Information Appearance of Impropriety Reinstatement of Struck Off Company +1 more

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Parties

Paloh Development Sdn. Bhd.

Plaintiff

Leong Wai Har

1st Defendant

Wakil Harta Pusaka Lee Soo Guan @ Ee Soon Guan

2nd Defendant (estate Representative)

Procedural Posture

Originating Summons / Decision on Application to Disqualify Counsel (grounds of Judgment); Plaintiff Has Appealed to Court of Appeal

Legal Issues

  1. 1 Whether counsel should be disqualified for prior representation of parties now adverse
  2. 2 Whether confidential information was conveyed to counsel such that conflict exists
  3. 3 Whether the appearance of impropriety requires removal of counsel under the court's inherent jurisdiction

Ratio Decidendi

Counsel and firm were disqualified because they had previously acted for D1 and D2 in the reinstatement proceeding, received and prepared affidavit material and explanations about failure to lodge statutory documents that amounted to confidential information, engaged with family representatives (including ECT) who later act for the plaintiff, and therefore a fair‑minded informed member of the public would conclude the proper administration of justice required their removal (appearance of impropriety); costs RM10,000 ordered against the firm.

Court Disposition

Application allowed. Mr Dennis Yuean Jin Han and Messrs Cheang & Ariff disqualified from acting for the plaintiff in the originating summons; costs awarded against Messrs Cheang & Ariff.

Orders

  • Mr Dennis Yuean Jin Han and Messrs Cheang & Ariff are disqualified from acting for the plaintiff in this Originating Summons and related proceedings
  • Costs of RM 10,000 to be borne by Messrs Cheang & Ariff subject to allocatur