Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Discharge of counsel

Legal area

Court

19 Oct 2023

PERIGI EMAS RESOURCES (M) SDN BHD INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

Citation

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-662-10/2021 (Mahkamah Tinggi)

Because the Plaintiff failed to attend the scheduled case management (also fixed for the counsel's discharge hearing), had not given instructions to counsel and did not seek reinstatement after counsel was discharged, the Court exercised its power under Order 34 Rules of Court 2012 to dismiss the claim and award costs of RM5,000 as appropriate.
20 Apr 2021

DRAGGER ENGINEERING (M) SDN. BHD. (NO. SYARIKAT : 886786-P) EXORA TRADING & CONSTRUCTION SDN. BHD. (NO. SYARIKAT : 1090795-T)

Citation

WA-12BNCvC-48-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-48-06/2020 (Mahkamah Tinggi)

The Sessions Court committed a serious miscarriage of justice by continuing the trial without determining the counsel's application to discharge and without ensuring the appellant company was informed and represented; no reasonable judge would have continued under those facts, therefore the Sessions Court order is set aside and a new trial ordered.