Nik Hashim FCJ:

[1] This appeal raises important questions pertaining to the extent of professional privilege in s 126 of the Evidence Act 1950 (the Act).

Factual Background

[2] Briefly, the facts are that the respondent-plaintiffs and appellant-defendant are the directors and shareholders of Kian Joo Holdings Berhad (the company). The company owned 37% of the issued and fully-paid shares in Kian Joo Can Factory Berhad (KJCF) which is a public-listed company. The 1st respondent is the managing director of KJCF whilst the 2nd respondent is the executive director and factory manager of KJCF. The appellant is the executive director and general manager of KJCF.

[3] On 28 October 1996 the appellant and one Ms Alice See, the financial controller of KJCF (Alice), met Ms Jeyanthini Kannaperan (the advocate), then a senior legal assistant in the law firm of Shearn Delamore & Co The appellant and Alice gave instructions and furnished information to the advocate about the respondents operating a company known as K L Metal Printing (M) Sdn Bhd (KLMP).

[4] Based on the instructions and information provided by the appellant and Alice, the advocate rendered a legal opinion dated 14 November 19