CHIA CHENG WEE
Catchwords
Legal Profession — Admission to the Bar — Pupillage — Pupil — Requirement of short call order — Legal Profession Act 1976, ss 11(1)(e), 15(3)(h), 36(2), 36(2A) — Legal Profession (Amendment) Act 2025 — Statutory linkage between pupillage, limited rights of audience and admission. Practice and procedure — Originating summons — Leave to file out of time — Statutory time limit — Application under s 36(2) required within 30 days from commencement of pupillage — Whether time requirement absolute — Whether court has statutory discretion under s 36(2A). Practice and procedure — Late filing — Fresh application — Earlier application filed within time — Earlier application withdrawn with liberty to file afresh due to procedural defect (error in Borang 3) — Whether refiling constitutes continuation of earlier process — Distinction between complete non-compliance and defective compliance within time. Practice and procedure — Exercise of statutory discretion — Governing considerations — Explanation for delay — Promptness and continuity — Good faith — Absence of abuse — Whether statutory purpose substantially complied with — Whether prejudice to Attorney General, Bar Council or State Bar Committee. Statutory interpretation — Construction of s 36(2A) — Whether provision operates as rigid time bar or controlled safety valve — Harmonisation with amended admission framework — Purpose of early regulation of pupil’s right of audience — Effect of express leave mechanism. Practice and procedure — Grant or refusal of leave — Whether procedural defect should defeat statutory admission pathway — Whether refusal produces disproportionate outcome — Whether leave preserves integrity of statutory scheme — Scope of order limited to leave — No determination of substantive s 36(2) application or admission petition. Jurisdiction — High Court — Whether court hearing s 36(2) application may grant leave notwithstanding admission petition pending in another High Court — Whether determination confined to leave under s 36(2A). Relief — Leave granted — Filing permitted notwithstanding expiry of statutory period — Liberty to proceed — No order as to costs.
Practice Areas
Judges (1)
Parties (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-17c-15-03-2026)