GROUNDS OF JUDGMENT

Umi Kalthum Abdul Majid JCA:

[1] This is an appeal against the decision of the High Court dated 24 November 2014 in allowing the Respondent's application for restoration to the Roll as an advocate and solicitor of Malaya. The decision of the High Court was a unanimous decision by a panel of three judges pursuant to s 107(4) of the Legal Profession Act 1976 (LPA). The amendment to s 107 of the LPA in 2014 (the amendment came into force on 3 June 2014 vide PU(B) 262/2014) in which subsection 107(5) was added making this appeal before us in the Court of Appeal possible.

Brief Facts

[2] The brief facts of the case are as follows.

2.1 The Respondent was admitted as an advocate and solicitor of the High Court in Malaya around the year 1990 and was registered as a member of the Bar Council of Malaysia ('BC') bearing membership registration number BC/D/056. Thereafter, the Respondent began legal practice as a Legal Assistant in a firm in Penang and several other legal firms until early or the middle of 1993 when he opened his own solicitor's firm in the name and style of Dharshan Singh Nanua and Associates in Parit Buntar, Perak until sometime in the year 2000.

2.2 The Respon