JUDGMENT

Vazeer Alam Mydin Meera JCA:

Introduction

[1] The appellants claimed for compensation from the Advocates and Solicitors Compensation Fund ("Compensation Fund") established under the Legal Profession Act 1976 (" LPA "). The respondent informed the appellants that they were ineligible to make their claim, and thus refused to consider the appellants' application. The appellants then appealed that decision to the High Court vide an Originating Summons.

[2] The High Court found that the appellants' appeal had no merit and that the respondent had acted within its powers under s 80 of the LPA in rejecting the appellants' claim. Accordingly, the High Court dismissed the appellants' appeal.

[3] The appellants appealed that decision to this Court. We allowed the appeal for the following reasons.

Background Facts

[4] The appellants and their two other siblings had beneficial interest in their parents' house in Ipoh ("Property"). The Property was sold to Kawan Properties Sdn Bhd at the sale price of RM2,524,410.00.

[5] Shan a/l Theivanthiran ("Shan") who at the material time was an advocate and solicitor practicing as a partner in the firm of Messrs Thevin Chandran & Associates acted fo