Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Advocate conflict of interest
  • SINWARA SDN BHD V. MARIS HOUSING SDN BHD & ANOR

    Citation
    SINWARA SDN BHD V. MARIS HOUSING SDN BHD & ANOR
    Court
    Malaysian court

    The Court disqualified counsel (Mr. Lee Seng Wai) for having an interest in a lot and thus a potential pecuniary interest impairing objective advocacy; on the substantive issue the Court held Clause 17(b) must be given its literal meaning such that until strata title is issued only the vendor (First Defendant) may validly increase management fees, therefore the notice issued by the Second Defendant on 27/9/1996 (prior to strata title issued on 9/6/2000) was invalid for lack of authority; accordingly the Plaintiff's primary prayers were dismissed and costs were awarded against the Plaintiff.