Chua Boon Hock & 2 Lagi Lim Geok Kim

Chua Boon Hock & 2 Lagi Lim Geok Kim

Because partners Lim Kien Huat and Hasniza of Messrs Lee & Lim are likely material witnesses and Lim has a direct pecuniary interest in the subject matter, the Legal Profession (Practice and Etiquette) Rules r27(a) and r28(a) and controlling authorities require disqualification of the entire firm; allowing another...

Source-derived case information.

Citation
WA-22NCVC-134-03/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Soo Teck Lee; Plaintiff: Lim Siew Kien; Plaintiff: Chua Boon Hock; Plaintiff: Lim Kien Huat; Plaintiff: Chua Yok Sin; Defendant/plaintiff: Lim Geok Kim; Plaintiff: Yap Kim Hin; Plaintiff: Yeow Lee Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2020
Case Number
WA-22NCVC-134-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil: Solicitor Disqualification Application / High Court Judgment on Application to Disqualify Law Firm; 3rd 5th Plaintiffs Have Appealed
Outcome
Application allowed; Messrs Lee & Lim disqualified from acting for the Plaintiffs in these proceedings (decision of High Court Judge Wong Chee Lin dated 4 September 2020).
Legal Topics
Disqualification of Solicitors, Conflict of Interest, Witness as Counsel, Pecuniary Interest, Sham Sale Agreements
Legal Profession / Professional Ethics Civil Procedure Contract Law Evidence Disqualification of Solicitors Conflict of Interest Witness as Counsel Pecuniary Interest +1 more

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Parties

Soo Teck Lee

Plaintiff

Lim Siew Kien

Plaintiff

Chua Boon Hock

Plaintiff

Lim Kien Huat

Plaintiff

Chua Yok Sin

Plaintiff

Lim Geok Kim

Defendant/plaintiff

Yap Kim Hin

Plaintiff

Yeow Lee Development Sdn Bhd

Plaintiff

Procedural Posture

Civil: Solicitor Disqualification Application / High Court Judgment on Application to Disqualify Law Firm; 3rd 5th Plaintiffs Have Appealed

Legal Issues

  1. 1 Whether Messrs Lee & Lim should be disqualified because partners are likely material witnesses
  2. 2 Whether a partner's direct pecuniary interest in the subject matter disqualifies the entire firm
  3. 3 Whether another solicitor within the same firm can act while disqualified partners abstain

Ratio Decidendi

Because partners Lim Kien Huat and Hasniza of Messrs Lee & Lim are likely material witnesses and Lim has a direct pecuniary interest in the subject matter, the Legal Profession (Practice and Etiquette) Rules r27(a) and r28(a) and controlling authorities require disqualification of the entire firm; allowing another member of the same firm to act would risk conflict and embarrassment to the administration of justice.

Court Disposition

Application allowed; Messrs Lee & Lim disqualified from acting for the Plaintiffs in these proceedings (decision of High Court Judge Wong Chee Lin dated 4 September 2020).

Orders

  • Order disqualifying Messrs Lee & Lim from acting for the Plaintiffs in the proceedings