JCW

[Disciplinary Board proceedings – Appeal against finding by DB] Justin and Pang Kwong Hang were the counsel for the Appellant. The Appellant , was found guilty of misconduct by the Disciplinary Board and amongst others also ordered to pay a fine and restitute RM398,000 to the Respondent. The Appellant appealed to the High Court which dismissed the appeal followed by this appeal to the Court of Appeal The said Court of Appeal Grounds of Judgment is important for 2 aspects : (i) It is not the function of the DC or the DB under the law to revisit any matters, issues or disputes which has been ventilated and determined in Court (paragraph 38 of the Grounds). The Court inter-alia held that ".. we agree with the learned counsel for the Appellant that the whole purpose of the Complaint was to impeach the relevant court orders, which the First Respondent had attempted to do in Suit 318, but failed".(paragraph 30 of the Grounds) (ii) This COA case may be the first case law in respect of the application of Section 103C(2) of the Legal Profession Act 1976 that the DB may make an order for restitution if it is established that such monies are held by the Appellant in his professional capacity and the First Respondent is entitled to the return of the such monies thereof.  The COA held that "It is imperative to note that the sum of RM398,000.00 ordered to be restituted by the DB was part of a total RM645,566.00 judgment sum in the 25/11/2011 Order. The judgment sum was assessed and awarded by the court to the Appellant as damages for trespass committed by the First Respondent against him. The money was purported to be received by the Appellant in his personal capacity as a private litigant. As such, we are of the view that the issue of restitution to the First Respondent does not arise at all based on the facts in the present case" ( paragraphs 52 and 53 of the Grounds)