ENDLESS CORPORATE SDN. BHD. v YEOH ENG KONG

wa-17d-7-01-2023 High Court (Mahkamah Tinggi) 28 February 2024 • WA-17D-7-01/2023 • 15 min read

3 cases cited (0 SG, 3 foreign)

Outcome

(f) In the instant case, the JKDM’s decision to allow the appeal is conditional upon GS Realty being enrolled in the PKSS Program and completing the BPP Form.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-17d-7-01-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Legal Profession — Legal Profession Act 1976 (“LPA”) — Complaint — Professional discipline — Misconduct — Breach of solicitor’s undertaking — Breach of solicitor’s undertaking — Whether disciplinary board (“DB”) had erred in dismissing the complaint under s 100(3)(a) of the LPA — Whether appellate interference warranted Legal Profession — Professional discipline — Misconduct — Breach of solicitor’s undertaking — Duties of stakeholder — Whether stakeholder is obligated to follow the instructions of the party who appointed him or the terms of the stakeholding agreement — Whether stakeholder should release the deposit when conditions precedent are not met — Whether stakeholder acted in accordance with the terms of the stakeholding — Whether terms of the stakeholding have been complied with — Whether respondent’s refusal to release the Deposit to the appellant was justified — Whether refusal constituted misconduct

Practice Areas

Legal Profession

Judges (1)

Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (7)

Patrick Yeoh & Company Firm T.Y. Teh & Partners Firm Cindy Counsel Appellant Jacky Loi Counsel Appellant Keshwinder Singh a/l Jagjit Singh Counsel Respondent Lim Jin Wen Counsel Appellant Wong Xin Tian Counsel Appellant

Parties (2)

ENDLESS CORPORATE Sdn Bhd Appellant Yeoh Eng Kong Respondent

Statutes Cited

Income Tax Act 1967 (Cap 53)

Legal Profession Act 1976 (Cap 166)

Cases Cited (3)

MY (3)

[2013] 7 CLJ 533 [2015] 10 MLJ 829 [2016] 4 CLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-17d-7-01-2023)