TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS  3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS  1 CLJ 501
HOW CHEE HONG v. CHONG JOO TIAN & ORS  9 CLJ 383
HIGH COURT MALAYA, KUALA LUMPUR
NORDIN HASSAN J
[ORIGINATING SUMMONS NO: WA-17D-26-09-2017]
28 FEBRUARY 2019
Abstract: The Disciplinary Committee in an inquiry under the Legal Profession Act 1976 cannot order the production of privileged documents by a solicitor without the express consent of the solicitor's client; an aggrieved solicitor may seek recourse against such an order to the High Court without the need to first appeal to the Disciplinary Board.
CIVIL PROCEDURE: Mode of commencement - Originating summons - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Solicitor filed originating summons seeking declarations that documents protected by solicitor-client privilege - Whether correct mode of commencement - Whether should be by way of judicial review application - Whether matter concerned public or private laws - Whether solicitor exhausted remedy to appeal to Disciplinary Board against DC's order before seeking reliefs at court
LEGAL PROFESSION: Privilege - Solicitor-client privilege - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Whether documents protected by solicitor-client privilege - Whether there was express consent by client - Whether solicitor barred from producing documents - Whether DC bound by solicitor-client privilege - Whether DC seized with jurisdiction to order production of documents - Legal Profession Act 1976, s. 103B(2) - Evidence Act 1950, s. 126(1)
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