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2012 MarsdenLR 480

HIGH COURT MALAYA PULAU PINANG
TANJONG MARINA MANAGEMENT SDN BHD – Appellant
Versus
PENANG PORT SDN BHD – Respondent


[1] Enclosure 8 is filed by the defendant to disqualify or forbid the firm of advocates and solicitors, Messrs BH Lawrence & Co from representing the plaintiffin all further proceedings in this action under the inherent jurisdiction of the court.

[2] The principal ground of the defendant is that one of the two partners in the firm of Messrs BH Lawrence & Co namely Mr BH Lawrence is an executive director of the plaintiff who is actively involved in the transactions and the dispute between the plaintiff and the defendant herein. Affidavit in support of this originating summons filed against the defendant and all other affidavits filed in all proceedings herein were affirmed by BH Lawrence as the executive director of the plaintiff. The defendant alleged that the involvement of Messrs BH Lawrence & Co in this action will vividly raise a conflict of interest as the legal firm has the direct pecuniary interest since its partner is an executive director who has pecuniary interest in the plaintiff.

[3] The defendant alleged and submitted that the representation of Messrs BH Lawrence & Co for the plaintiff in this action contravenes rr 3, 4, 5(a), 7(b), 27, 28, 29 and 32 of the Legal Profess

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