21 Oct 2019
BANK KERJASAMA RAKYAT MALAYSIA 1. ZAINUL RIJAL BIN ABU BAKAR 2. MAJLIS PEGUAM MALAYSIA
- Citation
- W-02(A)-1179-06/2018 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-02(A)-1179-06/2018 (Mahkamah Rayuan)
The Disciplinary Board failed to comply with the mandatory statutory requirement in s103D(1) to record reasons when departing from the Disciplinary Committee's findings; the Board's terse letter was a bare view without supporting reasoning and thus breached natural justice; gross misrepresentation is principally a tort/negligence matter and the Board did not establish elements of fraud, dishonesty or deceit necessary to constitute professional misconduct under the LPA; there was evidence the Board pre-determined guilt. Therefore the High Court's setting aside of the Board's order was affirmed…