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2022 MarsdenLR 1271

HIGH COURT MALAYA KUALA LUMPUR
TANIA SCIVETTI – Appellant
Versus
MAJLIS PEGUAM & ORS – Respondent


Petitioner Advocates:Muhammad Shafee Abdullah,Effa Azuwin ,Respondent Advocate: Ringo Low,Afiah Mahirah Awang Kechik

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] On 6 April 2021, the plaintiff filed an Originating Summons (encl 1) primarily seeking for:

a. declaratory reliefs; and

b. a permanent injunction restraining the 2nd and 3rd defendants either by themselves and/or through their servants and/or their agents from proceeding any disciplinary proceedings against the plaintiff.

[2] The prayers in encl 1 are as follows:

"1. That this Honourable Court decrees and issues a declaration as follows:

a) That the right of action under s 99(3A) of the Legal Profession Act 1976 ( LPA ) accrued on 4 November 2014 being the date of the alleged event;

b) The inquiry scheduled for hearing on 19 April 2021 before the 3rd defendant is the first inquiry on the complaint by 2nd defendant by virtue of s 103A of the LPA ;

c) That pursuant to s 99(3A) of the LPA , the limitation period of six years from 4 November 2014 has already been set in and the 3rd defendant is estopped or barred from proceeding with any inquiry on the complaint via the 3rd defendant;

d) That an email dated 19 December 2014 from Advisory Board to the 2nd defendant complaining about the conduct of a hearing dated 4 November 2014 is the complai

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