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2017 MarsdenLR 2035

FEDERAL COURT PUTRAJAYA
TAN CHONG KEAN – Appellant
Versus
YEOH TAI CHUAN & ANOR – Respondent


Table of Content
1. understanding of solicitor-client relationships and privilege. (Para 1 , 4 , 6)
2. scope and application of solicitor-client privilege. (Para 14)
3. evaluating the misuse of confidential information by solicitors. (Para 15)

[1] This appeal deals with one but an important issue, that is, the scope of solicitor-client professional privilege as stipulated in s 126 and s 128 of the Evidence Act 1950 ('s 126' and 's 128' respectively).

[2] On 11 October 2016, this court granted leave to appeal on the following questions:

i. Whether a breach of s 126 of the Evidence Act 1950 on legal professional privilege by a solicitor gives rise to a cause of action against him by the client to obtain an injunction to restrain any disclosure of confidential information by him or whether, as stated by the court of Appeal, the client is confined to a complaint to the Advocates and Solicitors Disciplinary Board for breach of solicitor-client privilege?

ii. Whether a solicitor sued in his personal capacity for a debt could rely on confidential information reposed in him in his capacity as solicitor as a defence to the debt?

iii. Whether for the purposes of an action in court for breach of

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