JUDGMENT

Collin Lawrence Sequerah JCA:

(A) Introduction

[1] This is the appellant/intervener's appeal against the decision of the learned High Court Judge ("HCJ") on 27 March 2023 in allowing the appeal against the appellant's order dated 26 February 2023.

[2] This appeal relates to the power of the appellant (Disciplinary Board) ("DB") in directing its Disciplinary Committee ("DC") to make a finding on the respondent's liability vide a letter dated 19 April 2019 pursuant to r 28 of the Legal Profession (Disciplinary Proceedings) Rules 2017, ("2017 Rules").

(B) Background Facts

[3] The pertinent facts that led to this appeal emanate from the appointment of the respondent who is a practicing lawyer and was appointed by the Complainant, Tok Tiak Hoong ("the Complainant") to handle a legal matter against CIMB on her behalf.

[4] There is no dispute that the Complainant paid the sum of RM50,000.00 to the respondent.

[5] There exists a dispute as to whether the said sum was paid by way of a retainer for the specific purpose of initiating legal action against CIMB or whether it was also in relation to other matters involving legal matters relating to the Complainant, her son and her former compan