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2025 MarsdenLR 5577

HIGH COURT (MIRI)
LEE HENG CHEONG, J
Messrs Tai Choi Yu & Co Advocates (suing as a firm and TAI CHOI YU as sole-proprietor) – Appellant
Versus
The Court of Appeal & Ors – Respondent


Table of Content
1. application for order against representation legality. (Para 1 , 2)
2. factual background of the plaintiff's claims. (Para 3 , 4 , 5 , 6 , 7)
3. court's reasoning regarding affidavit evidence. (Para 8 , 9 , 11 , 12 , 14 , 15)
4. consideration of defendants' representation legality. (Para 16 , 17)
5. court's findings on the role of the attorney general. (Para 18 , 19 , 20 , 21 , 23)

GROUNDS OF ECISION

[In respect of Enclosure 6]

INTRODUCTION

[1]Enclosure 6 is an application by the Plaintiff for an order that the Defendants’ Memorandum of Appearance filed by the Federal Attorney-General’s Chambers be set aside and/or struck off or that the purported representation of the Defendants by the Federal Attorney-General’s Chambers be struck out or deleted under Order 18 Rule 19 Rules of Court 2012 [“ ROC 2012”]

[2]The grounds of the above Notice of Application are :

[i]That the 1st Defendant is an independent arm established under the constitution on the principle of separation of powers of [1] the legislative, [2] the judiciary and [3] the executive and therefore the representation by the Federal Attorney-General’s Chambers is unlawful, illegal and unconstitutional;

[ii]That th

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