Harmindar Singh Dhaliwal FCJ:

[1] This appeal concerns an issue of some importance to the legal profession. The question for our consideration is simply this: under what circumstances can it be said that a person is practising law. Can someone who has given some legal advice informally be said to have practised law? Can an isolated act of giving advice constitute practising law or must it require a systematic, regular and continuous act? Or does it require something more in the form of a solicitor-client status requiring a relationship of trust and confidence?

[2] The appellant, Darshan Singh Khaira, was a practising lawyer for many years. However, by a decision of the Disciplinary Board (the "DB") of the Majlis Peguam Malaysia dated 14 April 2016, he was struck off the Roll of Advocates and Solicitors of the High Court of Malaya. The basis for the said order was that the appellant was practising law without a practising certificate as he was a bankrupt.

[3] The appellant then filed an Originating Summons in the High Court at Kuala Lumpur to set aside the said order of the DB of the Majlis Peguam Malaysia. The High Court dismissed his application. He then filed an appeal to th