Leong Wai Hong J:

[Application to disqualify counsel and solicitors]

Introduction

[1] The right to counsel of choice is a right accorded to any litigant before our courts. However, such a right must be balanced against the broader interests of justice. The court has an inherent power to bar counsel if a well-informed, fair-minded member of the public would conclude on the facts presented that the proper administration of justice requires the removal of the counsel. The overarching philosophy underlining the removal is that the administration of justice requires an unqualified perception of its fairness in the eyes of the general public.

[2] The above principle has been applied in Ng Yee Hong v. Malaysian Institute Of Accountants 2020 MarsdenLR 2049 ; [2021] 1 MLJ 584; [2021] 1 CLJ 666 CA [" Ng Yee Hong "], Vijayalakshmi Devi Nadchatiram v. Saraswathy Devi Nadchatiram 2000 MarsdenLR 1181 ; ; [2000] 4 AMR 4243 FC [" Vijayalakshmi Devi Nadchatiram "], Black v. Taylor [1993] 3 NZLR 403 New Zealand court of Appeal [" Black v. Taylor "] and Grimwade v. Meagher, Hegland, Morgan, Lidgett, Reid & Bellheath Pty Ltd [1995] 1 VR 446 Supreme court of Victoria ["Grimwade"].

[3] The princ