MUHAMMAD ALIF IQBAL BIN MOHD RODI (SEBAGAI PENTADBIR HARTA PUSAKA MOHD RODI BIN SHARI) v 1. ) NORFAZILAWATI BINTI CHE HARUN 2. ) MOHD NASIR BIN ABDULLAH (BERAMAL ATAS NAMA DAN GAYA TETUAN NASIR & CO)
12 cases cited
(0 SG, 12 foreign)
Catchwords
Legal Profession — Disciplinary proceedings — Appeal against decision of Disciplinary Board — Whether appeal should have been filed in Kuala Lumpur High Court — Order 55A Rule 1(1) Rules of Court 2012 — Concurrent jurisdiction of High Court branches — Whether appeal filed out of time — Section 103E Legal Profession Act 1976 — Whether administrator of deceased's estate has locus standi to appeal — "Any party aggrieved" — Whether stakeholder's breach constitutes professional misconduct — Sections 94(3)(c), (n), (o) and 112(1)(a) Legal Profession Act 1976 Legal Profession — Professional misconduct — Solicitor acting as stakeholder — Breach of fiduciary duties — Solicitor purchasing properties the subject of conveyancing transaction — Whether conduct fell within prohibition under Section 112(1)(a) Legal Profession Act 1976 — Failure to protect interests of party who had paid for properties — Whether conduct unbefitting of advocate and solicitor — Whether brings profession into disrepute — Appeal allowed — Disciplinary Board's decision set aside — Matter remitted to Disciplinary Board for penalty Civil Procedure — Originating Summons — Appeal against Disciplinary Board — Preliminary objections — Whether Originating Summons defective for failure to state grounds of appeal — Whether orders sought unclear for want of consequential order — Whether supporting affidavit defective — Procedural technicalities not to defeat substantive justice Courts — Jurisdiction — High Court within Malaya — Branches — Concurrent jurisdiction — Whether appeal against Disciplinary Board must be filed where decision was given — Order 55A Rule 1(1) Rules of Court 2012 — Section 3 Courts of Judicature Act 1964 Administrative Law — Disciplinary Board — Duty to give reasons — Section 103D(1) Legal Profession Act 1976 — Failure to record reasons for rejecting Disciplinary Committee's findings — Whether decision irrational and perverse — Wednesbury unreasonableness
Practice Areas
Judges (1)
Counsel (5)
Statutes Cited
Cases Cited (12)
UK (5)
[1948] 1 KB 223 [1967] 2 All ER 1286 [1967] Ch 1194 [1971] 2 QB 426 [1977] AC 728
MY (7)
[1980] 2 MLJ 89 [1988] 2 MLJ 268 [1993] MLJU 605 [1998] 1 MLJ 89 [2009] 1 MLJ 794 [2013] 7 CLJ 533 [2020] 4 CLJ 149
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-17d-1-04-2025)