HIGH COURT MALAYA KUALA LUMPUR
EE SOON GUAN SDN BHD – Appellant
Versus
LEONG WAI HAR & ANOR – Respondent
| Table of Content |
|---|
| 1. right to counsel balanced with justice (Para 1 , 2 , 34 , 35 , 36 , 42) |
| 2. disqualification application basis (Para 3 , 4 , 5 , 6 , 12 , 21 , 22) |
| 3. conflict of interest and previous representation (Para 8 , 9 , 30 , 31 , 32) |
| 4. court's decision on disqualification (Para 10 , 11 , 57) |
| 5. facts surrounding corporate governance (Para 15 , 16 , 17 , 18 , 19 , 27 , 28) |
[Application to disqualify counsel and solicitors]
Introduction
[1] The right to counsel of choice is a right accorded to any litigant before our courts. However, such a right must be balanced against the broader interests of justice. The court has an inherent power to bar counsel if a well-informed, fair-minded member of the public would conclude on the facts presented that the proper administration of justice requires the removal of the counsel. The overarching philosophy underlining the removal is that the administration of justice requires an unqualified perception of its fairness in the eyes of the general public.
[2] The above principle has been applied in Ng Yee Hong v. Malaysian Institute Of Accountants 2020 MarsdenLR 2049 ; [2021] 1 MLJ 584 ; [2021] 1 CLJ 666 CA [" Ng Yee Hong "],
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