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1980 MarsdenLR 123

CHANG MIN TAT, ABDUL HAMID, RAJA AZLAN SHAH, SUFFIAN, WAN SULEIMAN
AU KONG WENG – Appellant
Versus
BAR COMMITTEE PAHANG – Respondent


Advocates:
For the appellant - Wong Weng Kai; Mah-Kok & Din For the respondent - Gandhi K. Singam

JUDGMENT

Raja Azlan Shah CJ (Malaya) (delivering the judgment of the Court):

This is an appeal from a determination of the Disciplinary Committee of the Bar Committee of Pahang on 10 August 1979 that the appellant, an advocate and solicitor of the High Court, had been guilty of conduct unbefitting an advocate and solicitor pursuant to the provisions of s. 93(2)(b) of the Legal Profession Act, 1976. Upon that finding the committee ordered his suspension as an advocate and solicitor for a period of three months and condemned him in costs in the sum of $1,000 (see s. 101 of the Act). We dismissed the appeal.

It all started in this way. In Kuantan Civil Suit No. 256 of 1976 the plaintiffs sued Mr. Au Ah Wah, an advocate and solicitor in the firm of Messrs Au Ah Wah & Co. for the sum of $16,271.56 based on two dishonoured cheques drawn by him. He is the father of the appellant who is a legal assistant practising in the said firm. Mr. V. Balendran of Messrs Maxwell Kenion Cowdy & Jones acted for the plaintiffs. He obtained summary judgment on 4 February 1977. On 16 February he rejected the defendant's proposal to pay the judgment sum in three monthly instalments. Instead he demanded pay

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