JUDGMENT

Mohd Nazlan Mohd Ghazali JCA:

Introduction

[1] This was an appeal against the decision of the High Court dismissing the appellant's challenge against the finding of misconduct made by the Advocates & Solicitors Disciplinary Board under the Legal Profession Act 1976 ("the LPA 1976").

[2] Whilst the merits of the challenge have yet to be heard and the dismissal was by the High Court upholding a preliminary objection raised by the respondent, this appeal examined the true remit of s 103E of the LPA 1976 in a situation where the challenge was made on a finding of liability made by the Disciplinary Board despite the decision on the punishment was still pending.

[3] Having heard the appeal, examined the appeal record and considered the submissions by parties, we unanimously decided to dismiss the appeal for the reasons set out hereinunder.

Key Background Facts

[4] The appellant is an advocate and solicitor. A complaint was made against her to the Disciplinary Board set up under s 93 of the LPA 1976. A second complaint was later lodged to the Disciplinary Board against the appellant by the employer of the first-mentioned complainant.

[5] However, both these complaints were su