TAN SRI DR. MUHAMMAD SHAFEE ABDULLAH v 1. TOMMY THOMAS 2. TAN SRI VADAKETH CHACKO GEORGE 3. MALAYSIAN BAR 4. CHRISTOPHER LEONG SAU FOO (SUED ON BEHALF OF ALL MEMBERS OF THE BAR OF MALAYSIA INCLUDING HIMSELF)

02f-46-09-2020w Federal Court (Mahkamah Persekutuan) 19 October 2021 • 02(f)-46-09/2020(W)

Catchwords

LEGAL PROFESSION: Legal Profession - Whether member of the Malaysian Bar, having moved by way of a motion pursuant to section 64(6) of the LPA 1976 to resolve at the AGM that the Malaysian Bar lodge a complaint against the advocate and solicitor to the Disciplinary Board pursuant to section 94 read with section 99 the LPA 1976, simultaneously move for a resolution to, condemn the advocate and solicitor’s same alleged breach of discipline at the same AGM? LEGAL PROFESSION: Rule of Natural Justice -Whether the Rule of Natural Justice is offended, when predetermination of the culpability of the advocate and solicitor’s conduct is being sought for summary condemnation -Whether the subsequent disciplinary proceedings that is pursued against the advocate and solicitor be tainted with bias and prejudice as a result of the attempted predetermination of the culpability of the advocate and solicitor? TORT: Breach of statutory duty: -Whether the members acted ultra vires the powers of the Malaysian Bar under section 94 read with section 99 of the LPA 1976 when proposing the motion through the Malaysian Bar who, has received the proposed motion and published it to members at large for purposes of the AGM/ TORT: Breach of statutory duty - Duties imposed by statute -Whether motion proposed against the Appellant dated 28.2.2015, amounted to complaint under section 99 of the LPA 1976- Whether the Malaysian Bar acted in breach of statutory duty by tabling the motion for the members deliberation rather referring the motion as a complaint to the Disciplinary Board as statutorily required under section 99 of the LPA 1976?

Practice Areas

Legal Profession Administrative Law Tort

Judges (3)

Abdul Rahman bin Sebli Coram Rohana binti Yusuf Delivered Vernon Ong Lam Kiat Coram

Parties (5)

Christopher Leong Sau Foo (sued On Behalf Of All Members Of The Bar Of Malaysia Including Himself) Respondent Malaysian Bar Respondent Tan Sri Dr. Muhammad Shafee Abdullah Appellant Tan Sri Vadaketh Chacko George Respondent Tommy Thomas Respondent

Judgment

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Source: eJudgment (02f-46-09-2020w)