Shaik Daud Ismail JCA:

This is an appeal from the decision of the High Court which had, on 1 November 1996, dismissed an originating summons filed by the appellant.

The facts leading to this dismissal were that the appellant was a registered director engineer practising under the name of Sigoh Din Sdn. Bhd., a body corporate of Consulting engineers approved to practise as such under s. 7A of the Registration of Engineers Act 1967 (the said Act) by virtue of which the appellant was a registered engineer. The Ministry of Defence had awarded a contract to Sigoh Sdn. Bhd. to construct and complete an ammunition depot in Melaka. Due to some complaints lodged by the Ministry of Defence, the respondent, the Board of Engineers established under s. 3 of the said Act, commenced disciplinary proceedings against the appellant. He was charged under r. 25 of Part IV (Code of Professional Conduct) of the Registration of Engineers Rules 1972 which were made under s. 26 of the said Act.

Before the disciplinary proceedings could commence, the appellant applied to the court by originating summons seeking a declaration that the alleged contravention of the Registration of Engineers Rule 197