Tan Chong Kean v (1) Yeoh Tai Chuan (2) Nicholin Imelda Tan Sui Lin

02f-77-10-2016p Federal Court (Mahkamah Persekutuan) 17 December 2017 • 02(f)-77-10/2016(P)

Catchwords

Privileged documents — Appeal — Solicitor-client professional privilege— Professional communications — Whether there was breach of responsibility as solicitors — Whether a breach of legal professional privilege gives rise to a cause of action to obtain an injunction to restrain any disclosure of confidential information — Whether the client is confined to lodge a complaint to the Advocates and Solicitors Disciplinary Board for breach of solicitor-client privilege — Whether a solicitor sued in his personal capacity, could rely on confidential information reposed in him in his capacity as solicitor as a defence — Privilege not waived by volunteering evidence — Whether for the purposes of an action in court for breach of solicitor/client privilege, it is sufficient for the client to plead the breach without disclosing the contents of the privileged document — Whether section 126 by the use of the words ‘unless with the client’s express consent’ rejects the concept of an implied waiver at common law— Evidence Act 1950 [Act 56] sections 126 and 128

Practice Areas

Evidence Legal Profession

Judges (5)

Azahar bin Mohamed Coram Panglima Richard Malanjum Delivered Prasad Sandosham Abraham Coram Wira Aziah binti Ali Coram Zainun binti Ali Coram

Parties (3)

Nicholin Imelda Tan Sui Lin Respondent Tan Chong Kean Appellant Yeoh Tai Chuan Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-77-10-2016p)