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2023 MarsdenLR 1808

HIGH COURT MALAYA KUALA LUMPUR
TAN LAY EAN – Appellant
Versus
KENNETH YOONG KEN CHINSON ST JAMES; MAJLIS PEGUAM (INTERVENER) (ENCLS 2 10 19 & 107) – Respondent


Petitioner Advocates:Shanmuga A Kanesalingam,Allyna Ng ,Respondent Advocate: Tan Jit Kai,Jonathan Gerard

Table of Content
1. judicial separation and complaints against counsel. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
2. appellant's arguments regarding natural justice. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
3. court's analysis on the allegations and procedures. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 46)
4. legal obligations regarding disciplinary proceedings. (Para 45)
5. conclusion of the case and dismissal of the os. (Para 47)
Wan Ahmad Farid Wan Salleh J:

The Factual Background

[1] The respondent and his wife were involved in a judicial separation proceeding. The wife was represented by the appellant. The respondent, who was also then a practising advocate and solicitor, lodged seven complaints to the Bar Council against the appellant, which are the subject matter of the appeal herein.

[2] The complaint emanated from a letter dated 16 December 2013 ("the impugned letter") from the appellant to the Judge of the High Court ("Family Division"), which was addressed to her Ladyship's secretary.

[3] The impugned letter states inter alia as follows:

We ask the learned judge to take cognizance of the Responde

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