ZULKEFLI MAKINUDIN
KAYLA BEVERLY HILLS (M) SDN BHD – Appellant
Versus
QUANTUM FAR EAST LTD UMA DEVI R BALAKRISHNAN (THIRD PARTY) – Respondent
Zulkefli Makinudin J:
This is an application by way of notice of motion on the part of the third, fourth and fifth defendants (hereinafter referred to as "the defendants") to disqualify Messrs. Sri Dev & Naila from representing the third party in this action (encl. 61).
As regards the court's jurisdiction I am of the view that this court has an inherent jurisdiction to hear such an application to disqualify a solicitor from acting for a particular party in the interest of justice. (See the case of Lee Kam Sun v. Ho Sau Lin & Anor[1999] 4 CLJ 507).
The Grounds For The Application
It is not disputed that Mr. Sri Dev Nair of Messrs Sri Dev & Naila acts as counsel for the plaintiffs in the present case and for the plaintiffs in another related case in the Kuala Lumpur High Court suit D6-22-553-2001 involving parties that are almost the same as in the present case. The cause of action of the parties in these two related cases is focussed on the issue of a dispute over the rights of ownership of the Hollywood trade mark under a Distribution Agreement entered into by the parties on 6 July 2000.
It is also not disputed that the third party Uma Devi d/o Balakrishnan whilst being a
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