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2017 MarsdenLR 2758

HIGH COURT MALAYA SHAH ALAM
PERBADANAN PENGURUSAN 3 TWO SQUARE – Appellant
Versus
3 TWO SQUARE SDN BHD – Respondent


[1] This is an application by the Defendant in the main suit that arises out of ex-parte application by the Plaintiff for leave to commit a witness for the Defendant ('DW4') for contempt of court by an alleged act of perjury. Vide this application, made on the basis of non-compliance with rr 28 and 29 of the Legal Profession (Practice and Etiquette) Rules, 1978 ('the Rules'), the Defendant seeks, inter alia, to recuse the firm of solicitors representing the Plaintiff, Ramli Yusof & Co ('RY') from further conduct of this case on the ground of conflict of interest on the part of co-counsel one Nik Abdul Matin Fawwaz Hj Nik Safeia ('Nik Matin'), from the same firm.

Grounds Of Application

[2] The Plaintiff's solicitors had filed an ex-parte notice of application dated 14 November 2016 for leave for an order of committal against a Defence Witness ('DW4') and the court had granted the order that was sought on 25 November 2016.

[3] Nik Matin, who was a co-counsel for the Plaintiff at the trial of this action and present during the testimony of DW4 had sworn an affidavit in support ('AIS') in which he deposed that DW4 had given false testimonies on oath in several instances and made adverse c

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