2013 MarsdenLR 1599

HIGH COURT MALAYA JOHOR BAHRU
CHOU KA PING – Appellant
Versus
LIOW AH CHEW – Respondent
[Notis Usul Pemula No: 25-16-2010]

Disciplinary proceedings rendered void due to failure to meet statutory quorum requirements and absence of recorded evidence, emphasizing the necessity of strict compliance with legal mandates.

Headnote:(A) Legal Profession Act, 1976 - Sections 103D(1), 103E(1), and 103A(2) - Disciplinary proceedings against advocate - Complaint leading to suspension for 3 years due to alleged misconduct - Failure to adhere to mandatory quorum requirements invalidated the findings of the Disciplinary Committee - The committee's failure to record proceeding evidence rendered its findings a nullity. (Paras 12-23)

(B) Appeal - Scope of review of disciplinary proceedings - Court held that proceedings must comply with statutory requirements, and failure to do so voids the resulting orders. (Paras 22-23)

Facts of the case:
The Appellant was suspended following a complaint alleging he conspired with a loan shark in a fraudulent property transaction involving the Respondent. The Disciplinary Committee found misconduct but was improperly constituted.

Findings of Court:
The order of the Disciplinary Board was declared null and void due to quorum failure and failure to record proceedings.

Issues: 1) Quorum failure of the Disciplinary Committee. 2) Error of law in not recording evidence. 3) Whether the High Court should interfere with the Disciplinary Board's findings.

Ratio Decidendi: The court emphasized the necessity for strict compliance with the Legal Profession Act's provisions, ruling that quorum failure and absence of recorded evidence resulted in a nullity of the committee's findings and recommendations.

Result: Appeal allowed, order of the Disciplinary Board set aside.