DATUK DR. YUNUS GUL BIN ALIF GUL v 1. ) SIM KUAN YEE 2. ) LAM SIEW WAN, NORA

j-02a-125-01-2022 Court of Appeal (Mahkamah Rayuan) 18 January 2026 • J-02(A)-125-01/2022

Catchwords

Legal Profession Act 1976 (LPA) -Appeal by the Plaintiff against the decision of the High Court in dismissing the Plaintiff's Originating Summons under Order 55A of the ROC 2012 , which sought a review of the decision of the Disciplinary Board (DB) which had dismissed the Plaintiff's complaint of misconduct against the Defendant's for an alleged breach of section 103 of the LPA - The DB decided to appoint a Disciplinary Committee (DC) under sections 100(3)(b) and 103A(1)(a) of the LPA - Despite having already made the decision to appoint a DC, the DB proceeded to summarily dismiss the Plaintifff's complaint - Whether the DB was functus to review it's own decision - Whether the DB's dismissal of the Plaintiff's complaint without following through on its earlier decision to appoint a DC, despite already having found merit to the Plaintiff's complaint is a breach of the statutory provision under the LPA.

Judges (3)

Ahmad Kamal bin Md. Shahid Delivered Azhahari Kamal bin Ramli Coram Nadzarin bin Wok Nordin Coram

Parties (3)

Datuk Dr. Yunus Gul bin Alif Gul Appellant Lam Siew Wan, Nora Respondent Sim Kuan Yee Respondent

Judgment

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Source: eJudgment (j-02a-125-01-2022)