Tan Lay Ean 1. ) Kenneth Yoong Ken Chinson St James 2. ) Bar Council Malaysia

Tan Lay Ean 1. ) Kenneth Yoong Ken Chinson St James 2. ) Bar Council Malaysia

The Court held the appellant's direct letter to the presiding judge complaining that the opponent counsel was a 'vexatious and frivolous' litigant crossed professional lines, amounted to conduct unbefitting an advocate and solicitor and brought the profession into disrepute in breach of s.94(3)(d),(o) LPA and Rules 18 and 31 LPR; any failure by the Disciplinary Board to provide a mitigation hearing under the pre-amendment s.103D did not vitiate the decision because the Board imposed the least possible penalty (censure) and any procedural breach had no material effect on the outcome.

Citation
W-02(A)-1522-09/2023 (Mahkamah Rayuan)
Parties
Appellant: Tan Lay Ean; 1st Respondent: Kenneth Yoong Ken Chinson St. James; 2nd Respondent: Bar Council Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
20 January 2025
Case Number
W-02(A)-1522-09/2023 (Mahkamah Rayuan)
Procedural Posture
Appeal Under S.103 E Legal Profession Act 1976 / Court of Appeal Judgment (appeal Heard and Decided)
Outcome
Appeal dismissed; High Court order dated 29.8.2023 affirmed; no order as to costs.
Legal Topics
Misconduct of Lawyer, Disciplinary Proceedings, Natural Justice Right to Be Heard, Vexatious Litigant, Interpretation of S.103 D LPA, Application of LPR Rules 18 and 31
Source Language
Malay/English
Legal Profession Discipline Professional Ethics Administrative Law Civil Procedure Misconduct of Lawyer Disciplinary Proceedings Natural Justice Right to Be Heard Vexatious Litigant +2 more

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Parties

Tan Lay Ean

Appellant

Kenneth Yoong Ken Chinson St. James

1st Respondent

Bar Council Malaysia

2nd Respondent

Procedural Posture

Appeal Under S.103 E Legal Profession Act 1976 / Court of Appeal Judgment (appeal Heard and Decided)

Legal Issues

  1. 1 Whether describing an opponent litigant (also a lawyer) as frivolous and vexatious constitutes professional misconduct under s.94(3) LPA and LPR Rules 18 and 31
  2. 2 Whether the Disciplinary Board was required to afford the advocate a right to be heard before making its decision under the pre-amendment s.103D LPA and if any omission vitiates the decision

Ratio Decidendi

The Court held the appellant's direct letter to the presiding judge complaining that the opponent counsel was a 'vexatious and frivolous' litigant crossed professional lines, amounted to conduct unbefitting an advocate and solicitor and brought the profession into disrepute in breach of s.94(3)(d),(o) LPA and Rules 18 and 31 LPR; any failure by the Disciplinary Board to provide a mitigation hearing under the pre-amendment s.103D did not vitiate the decision because the Board imposed the least possible penalty (censure) and any procedural breach had no material effect on the outcome.

Court Disposition

Appeal dismissed; High Court order dated 29.8.2023 affirmed; no order as to costs.

Orders

  • Appeal dismissed and High Court order dated 29.8.2023 affirmed
  • No order as to costs