JUDGMENT

Su Tiang Joo J:

Introduction

[1] On 4 July 2024, I had dismissed the plaintiff's application (Encl 84) to have the law firm of M/s Shook Lin & Bok removed and or disqualified and or restrained from acting for the defendant in this action with costs in the cause. Dissatisfied, the plaintiff has appealed and these are the grounds of judgment for the decision made.

Brief Background

[2] The defendant bank had commenced an action in the High Court at Johor Bahru Civil Suit No: JA-22NCvC-17-01/2016 ("Fraud Suit") through M/s Shook Lin & Bok naming the plaintiff law firm ("plaintiff" or the "Law Firm") as the 13th defendant alongside 36 other defendants.

[3] In the Fraud Suit, the defendant bank alleged that the Law Firm, which prepared loan and security documents for credit facilities, was privy to a fraud perpetrated upon the bank whereby the securities charged to the bank were overvalued causing the bank to suffer losses when it came time to enforce the charges made in its favour. Its losses were alleged to be RM56,544,000.00.

[4] The Law Firm applied to have itself struck out as party to the Fraud Suit. It failed at the High Court but succeeded at the Court of Appeal on 10 Jan