LIM KIEN HUAT v 1. ) HO SHEN LEE (M) SDN BHD (Dalam Liquidasi) 2. ) TAN KEN MENG 3. ) KHOO CHUN FUN 4. ) MAJLIS PEGUAM MALAYSIA

b-02a-1132-07-2024 Court of Appeal (Mahkamah Rayuan) 22 September 2025 • B-02(A)-1132-07/2024 • 14 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Legal profession – Dismissal by HCJ of Appellant’s appeal against the Advocates and Solicitors Disciplinary Board (“DB”) Order which ordered that the Appellant (a) be suspended for six months; and (b) pay a fine amounting to MYR50,000 - Whether there was failure by HCJ to appreciate the absence of the Appellant’s personal culpability in the allegation of misconduct – Whether HCJ misdirected herself in applying section 12 of the Partnership Act 1961 instead Legal profession – Dismissal by HCJ of Appellant’s appeal against the DB's Order which ordered that the Appellant (a) be suspended for six months; and (b) pay a fine amounting to MYR50,000 – Appellant not allowed to call witness at DC proceedings - Whether there was failure by HCJ in addressing issue of breach of natural justice during the hearing before the DC Legal profession – Dismissal by HCJ of Appellant’s appeal against DB's Order which ordered that the Appellant (a) be suspended for six months; and (b) pay a fine amounting to MYR50,000 – Whether there was failure by HCJ to appreciate the beyond reasonable doubt standard of proof at DC proceedings.

Practice Areas

Legal profession

Judges (3)

Azhahari Kamal bin Ramli Coram Che Mohd Ruzima bin Ghazali Coram Evrol Mariette Peters Delivered

Counsel (7)

JT Chong Associates Firm Josephine, L K Chow & Co Firm Chan Wei Yang Counsel Respondent Chong Joo Tian Counsel Respondent Cyndi Chow Li Kian Counsel Respondent Hang Qiu Min Counsel Respondent Lim Kien Huat Counsel Appellant

Parties (5)

HO SHEN LEE Sdn Bhd (Dalam Liquidasi) Respondent MAJLIS PEGUAM MALAYSIA Respondent Khoo Chun Fun Respondent Lim Kien Huat Appellant Tan Ken Meng Respondent

Case Significance

LIM KIEN HUAT v 1. ) HO SHEN LEE (M) SDN BHD (Dalam Liquidasi) 2. ) TAN KEN M... is a Court of Appeal (Mahkamah Rayuan) decision dated September 22, 2025 (citation: b-02a-1132-07-2024). <p>A practising advocate and solicitor appealed the High Court's dismissal of his appeal against the Advocates and Solicitors Disciplinary Board's order suspending him for six months and imposing a RM50,000 fine for professional misconduct relating to the handling of a company winding-up matter. The Court of Appeal allowed the appeal and set aside the High Court order, finding that the High Court failed to properly apply the 'beyond reasonable doubt' standard of proof and did not address the app The panel comprised Azhahari Kamal bin Ramli, Che Mohd Ruzima bin Ghazali and Evrol Mariette Peters, with Evrol Mariette Peters delivering the judgment. Counsel appearing: Chan Wei Yang (counsel for respondent), Chong Joo Tian (counsel for respondent), Cyndi Chow Li Kian (counsel for respondent), Hang Qiu Min (counsel for respondent), Lim Kien Huat (counsel for appellant).

Summary

A practising advocate and solicitor appealed the High Court's dismissal of his appeal against the Advocates and Solicitors Disciplinary Board's order suspending him for six months and imposing a RM50,000 fine for professional misconduct relating to the handling of a company winding-up matter. The Court of Appeal allowed the appeal and set aside the High Court order, finding that the High Court failed to properly apply the 'beyond reasonable doubt' standard of proof and did not address the appellant's contention that he was denied the right to call a material witness before the Disciplinary Committee. The DB Order was set aside.

What was the outcome of LIM KIEN HUAT v 1. ) HO SHEN LEE (M) SDN BHD (Dalam Liquidasi) 2. ) TAN KEN M...?

<p>A practising advocate and solicitor appealed the High Court's dismissal of his appeal against the Advocates and Solicitors Disciplinary Board's ord...

Statutes Cited

Legal Profession Act 1976 (Cap 166)

s 94(3)

Partnership Act

s 12

Partnership Act 1961

s 12

Cases Cited (3)

MY (3)

[1989] 2 MLJ 489 [2013] 4 MLJ 60 [2021] 2 MLJ 399