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2023 MarsdenLR 2083

HIGH COURT MALAYA SHAH ALAM
SHOON WUI CHIN – Appellant
Versus
CHAN KIEN WOH & ANOR – Respondent


Petitioner Advocates:Jasbeer Singh,Jeyshini Naidu,Ainur Afiqah ,Respondent Advocate: Siew Pak Thai

Table of Content
1. recusal of solicitor due to conflict of interest (Para 1 , 2 , 3)
2. plaintiff's grounds for recusal based on conflicts (Para 4 , 6 , 10 , 11 , 12 , 16 , 18 , 19)
3. court's evaluation of the recusal application (Para 5 , 22 , 24)
4. legal standards for conflict of interest (Para 23 , 25 , 29)
5. importance of public perception in legal representation (Para 30 , 34 , 36)
6. final ruling on disqualification of solicitor (Para 37 , 39 , 41)
Jamhirah Ali JC:

Introduction

[1] The Plaintiff, in encl 6, seeks to recuse and/or disqualify the 1st Defendant's solicitor, Mr Siew Pak Thai and/or any other solicitors in the firm of Messrs P.T. Siew & Associates from further representing the 1st Defendant in this action.

[2] The Plaintiff and the 1st Defendant, both shareholders and directors of the 2nd Defendant, the Company, each hold an equal share.

[3] In the Originating Summons in encl 1, the Plaintiff is seeking leave to initiate derivative proceedings against the 1st Defendant on behalf of the 2nd Defendant. This legal action pertains to the alleged wrongdoing and breaches of fiduciary duties committed by the 1st Defendant against the 2nd Defendant.

The Plaintiff's Grounds For Re

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