[1] The Appellant filed for an order to set aside the decision of the Disciplinary Board (DB) dated 14 April 2016 in the Complaint No DC/15/9963 against the Appellant. The effect of which was to delete/withdraw the Appellant's register as a practicing lawyer (struck-off the Roll of Advocate & Solicitor); and an order to re-register the same and costs.

The Background Facts

[2] There was a sale and purchase transaction entered into between the Respondent as the vendor and another party as a purchaser of a property for the purchase price of RM300,000.00. The SPA dated 20 May 2014 was signed and the purchaser paid the deposit of RM10,000.00 to the estate agent for which RM2000.00 was deducted to pay the legal fees.

[3] Thereafter the sum of RM100,000.00 was paid to the Respondent by an online banking transfer dated 22 April 2015 in CIMB Bank. The balance of RM288,000.00 was paid on 17 September 2015 by a cash online in Hong Leong Bank.

[4] The Respondent lodged a complaint to the Bar on 10 January 2015 alleging a misconduct by the Appellant as he did not receive the balance of the