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2004 MarsdenLR 1873 ; 2004 MarsdenLR 1

RAUS SHARIF
TETUAN CHOONG & CO – Appellant
Versus
LEMBAGA TATATERTIB PEGUAM-PEGUAM – Respondent


Advocates:
For the plaintiffs - M Segaram; M/s M Segaram & Co
For the 1st & 2nd defendants - Nithin V Nadakarni; M/s Lee Hishamuddin
For the 3rd defendant - Satish Nair; M/s Satish Nair & Assoc

JUDGMENT

Raus Sharif J:

This is an application by way of originating summons by the plaintiffs as per encl. 3 for the following orders:

1. A declaration be and is hereby given that the complaint by the Bar Council Malaysia dated 12 November 1997 against the plaintiffs is null and void and of no effect.

2. The whole of the disciplinary proceedings instituted by the first defendant against the plaintiffs in respect of the complaint by the Bar Council of Malaysia dated 12 November 1997 is illegal, null and void.

3.(a) The appointment of the Investigation Tribunal by the first defendant does not comply with s. 100(1) of the Legal Profession Act 1976 (as amended).

(b) The appointment of the Investigation Tribunal by the first defendant is and/or was therefore, incurably illegal, void and of no effect.

(c) The appointment of the second defendant by the first defendant under s. 102(2) and 103B of the Legal Profession Act 1976 (as amended) is and/or was therefore, incurably illegal, void and of no effect.

4.(a) An interim injunction be and is hereby granted to restrain the first defendant from hearing disciplinary proceedings against the plaintiffs in respect of the complaint dated 12 Nove

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