The Malaysian Bar - Summary of Orders made by the Disciplinary Board at its 162nd to 168th Board Meetings

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Summary of Orders made by the Disciplinary Board at its 162nd to 168th Board Meetings

Friday, 09 April 2010 03:32pm

A) Fines

(162nd Board Meeting)

1.	Charlotte Jeniffer Thomas (Serial No. C/685) DC/05/0688 By ASDB Order dated 13 February 2009 the Respondent of No. 5-2, Blok F, Sri Manja Court, Taman Sri Manja, Off Old Klang Road 45700 Petaling Jaya, Selangor was fined RM15,000.00 for gross disregard of her client’s interests for not taking the appropriate legal action causing the Complainant’s claim to be subsequently time barred.
2.	Patrick Samuel a/l Joseph Sebastian (Serial No. P/127) IT/02/0826 By ASDB Order dated 13 February 2009 the Respondent of No. 33-02-02, Sri York Condominium, 33 Halaman York, 10350 Penang was fined RM5,000.00 for misconduct under S.94(3)(c), (n) and (o) of the Legal Profession Act 1976 for failing to refund to the original Complainant the sum of RM1,800.00 and for issuing his client’s account cheque for the sum of RM500.00 which was subsequently dishonoured.
3.	Ong Keong Huat (Serial No. O/195) DB/08/3723 By ASDB Order dated 13 February 2009 the Respondent of No. 28, Hala Rasi Jaya 8, Taman Rasi Jaya, 31450 Menglembu, Perak was after taking into account mitigating factors fined RM1,000.00 for acting in gross disregard of his client’s interests in that he allowed the vendor to forfeit the Complainant’s deposit although the vendor was a bankrupt and had no capacity to enter into the Sale and Purchase Agreement.
4.	Constance Marina Neto (Serial No. C/405) DC/07/3538 By ASDB Order dated 13 February 2009 the Respondent of 14 Lorong Assunta 4/52, Section 4, 46200 Petaling Jaya, Selangor was fined RM10,000.00 for committing a breach of Rule 7 (a)(v) and Rule 8 of the Solicitors’ Account Rules 1990 in that the Respondent had deducted without the Complainant’s consent the sum of RM5,500.00 as her legal fees from the sum of RM7,200.00 awarded by the Industrial Court to the Complainant.
5.	Shenton Maniam a/l R Sivamaniam (Serial No. S/775) DB/08/3797 By ASDB Order dated 13 February 2009 the Respondent of No. 23, Jalan TP 1/5, Taman Perindustrian Sime UEP, 47600 Subang Jaya, Selangor was fined RM5,000.00 for gross disregard of his client’s interests in that despite the Respondent having collected legal fees of RM8,000.00 he failed to attend Court resulting in the Complainant’s suit being struck off.
6.	Abdul Jalil Bin Ismail (Serial No. A/607) DB/07/3386 By ASDB Order dated 13 February 2009 the Respondent of No. 620, Lorong Lobak 15, Taman Lobak Indah, 09600 Lunas, Kedah was fined RM5,000.00 for conduct unbefitting of an advocate and solicitor in that he delayed payment of a sum of RM18,935.00 being the balance of loan sum received from Bahagian Pinjaman Perumahan, Perbendaharaan Malaysia to the original Complainant.

(163rd Board Meeting)

1.	(i) Phang Yan Chin (Serial No. P/282) (ii) Wong Thian Choon (Serial No. W/547) DC/07/3408 By ASDB Order dated 20 March 2009 the 1st Respondent of No. 4, Jalan USJ 12/3G 47630 Subang Jaya, Selangor and the 2nd Respondent of No. 16, Jalan LE 2/2, Off Persiaran Lake Edge, Lake Edge, Bandar Metro Puchong, 47100 Puchong, Selangor were fined RM1,000.00 for acting in gross disregard of the client's interests in a Sale and Purchase transaction in releasing the deposit without first checking the redemption statement.
2.	(i) Marina Bt Mohamed (Serial No. M/1026) (ii) Muzaiyah Bt Mohamed Noor (Serial No. M/1361) (iii) Rozlina Bt Mohd Yousff (Serial No. R/867) DB/08/4228 By ASDB Order dated 20 March 2009 the 1st Respondent of No. 3, Jalan Paya Lebar Empat 27/10D, Laman Seri, Seksyen 27, 40400 Shah Alam, Selangor, the 2nd Respondent of JKR AB 3028, Jalan Hang Lekir, Kem Sungai Besi, 57000 Kuala Lumpur and the 3rd Respondent of No. 12A, Lorong Batu Nilam 28E, Bandar Bukit Tinggi 2, 41200 Klang, Selangor were fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
3.	Seah, Diana Ann (Serial No. S/213) DC/05/0627/Pre By ASDB Order dated dated 21 March 2009 the Respondent of No. D1-2, Stulang View Condo, Jalan Kuning, 80100 Johor Bahru, Johor was fined RM7,000.00 for failing despite repeated requests from the Complainant to furnish relevant bills and receipts of payment and for deducting without the consent of the Complainant the sum of RM4,406.00 as fees from the differential sum in a Sale and Purchase transaction.
4.	Raja Juwairah Bt Raja Ahmad Refaie (Serial No. R/515) DC/05/1150 By ASDB Order dated 20 March 2009 the Respondent of No. 2, Jalan Ser Putra 3/5, Bandar Seri Putra, 43650 Bangi, Selangor was fined RM10,000.00 in that whilst acting for the vendor the Respondent attested the Complainant’s/Purchaser’s withdrawal of private caveat form, when the Respondent was aware that the Complainant was represented by another firm of solicitors and had acted without their consent.
5.	Tan Mei Pink Lynn (Serial No. T/783) DC/06/2641/Pre By ASDB Order dated 21 March 2009 the Respondent of No. 25, Jalan Permas 14/5, Bandar Baru Permas Jaya, 81750 Johor Bahru was fined RM20,000.00 for numerous breaches of the Solicitors Remuneration Order 1991 in that the Respondent had overcharged in 21 transactions and granted a discount in one other and further having undertaken to refund the excess fees collected failed to do so, thereby committing misconduct under S.94(3)(k) of the Legal Profession Act 1976.
6.	Nakaretanam A/L Narasamah (Serial No. N/154) DB/08/3855/SA By ASDB Order dated 21 March 2009 the Respondent of L20, Persiaran Tenggiri Seberang Jaya, 13600 Seberang Prai, Penang was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
7.	Kam Booi Keong (Serial No. K/454) DB/08/4064 By ASDB Order dated 20 March 2009 the Respondent of No. 15, Lorong Besi 3, Off Jalan Telok Pulai, 41100 Klang was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
8.	Fatimah Zahrah Bt Baharim (Serial No. F/111) DB/08/4106 By ASDB Order dated 20 March 2009 the Respondent of No. 1, Jalan Perdana 2/9, Taman Bukit Perdana, 83000 Batu Pahat, Johor was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that she failed to submit her firm’s Returns for the period specified in the Bar Council’s Notice.
9.	(i) Jaya Letchumi d/o K K Kuttan (Serial No. J/051) (ii) Khairul Salleh Bin Ibrahim (Serial No. K/234) DB/08/4172 By ASDB Order dated 20 March 2009 the 1st Respondent of No. 61, Lorong Emas L2/1, Pekan Baru, 36000 Teluk Intan, Perak and 2nd Respondent of No. 124, Pekan Baru, 36000 Teluk Intan, Perak were fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
10.	(i) Kasturi Kesveren A/L Balasamy (Serial No. K/340) (ii) Ahmad Rizal Bin Abd Hamid (Serial No. A/977) DC/06/2538 By ASDB Order dated 21 March 2009 the 1st Respondent of No. 40, Taman Tapah Jaya, 35000 Tapah, Perak was fined RM10,000.00 for gross disregard of his client’s interests and for conduct unbefitting of an advocate and solicitor in that he had failed to ensure the Complainant’s interest in the property concerned was duly registered, and despite repeated requests he had not taken any action to obtain a replacement title, and also for advising the Complainant to participate in a scheme that included a sham transaction. The 2nd Respondent of T S 5833 Mukim 3, Bukit Indera Muda, Bukit Mertajam, 14400 Seberang Prai, Penang was fined RM5,000.00 for conduct unbefitting of an advocate and solicitor in that he had taken over the matter from the 1st Respondent when he had neither knowledge nor expertise of the Complainant’s matter and for failing to take any actions thereon.
11.	Chelvarajan A/L R Supiah (Serial No. C/364) DC/07/2804 By ASDB Order dated 21 March 2009 the Respondent of No. 11, Taman Tanjung Baru, Jalan 2, Jalan Junid, 84000 Muar, Johor was fined RM5,000.00 for acting in gross disregard of his client’s interests in that he had allowed the vendor to forfeit the Complainant’s deposit although the vendor was a bankrupt and had no capacity to enter into the Sale and Purchase Agreement.
12.	Chan Wai Keong (Serial No. C/1005) DC/06/1777/Pre By ASDB Order dated 21 March 2009 the Respondent of No. J-5-D, Jade Tower OG Heights, 56, Jalan Awan Cina, Old Klang Road, 58200 Kuala Lumpur was fined RM3,000.00 for acting in gross disregard of his client’s interests and for conduct unbefitting of an advocate and solicitor in that the Respondent had misled the Complainant into believing that her divorce had been granted when it was not.

(164th Board Meeting)

1.	(i) Hariati Faezah Binti Nordin (Serial No: H/452) (ii) Khoo Wai Tuck (Serial No: K/362) DB/08/4065 By ASDB Order dated 11 April 2009 the 1st Respondent of A1-4, Sri Bukit Tunku Condominium, Lrg. Tun Ismail, 50480 Kuala Lumpur and 2nd Respondent of No.26, Jalan USJ 4/16F, 47600 Subang Jaya were fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
2.	Fadzila Binti Said (Serial No. F/198) DB/08/4101 By ASDB Order dated 11 April 2009 the Respondent of Block G6-2-3, APT Baiduri G, Desa Pandan, Jalan Kampung Pandan, 55100 Kuala Lumpur was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that she failed to submit her firm’s Returns for the period specified in the Bar Council’s Notice.
3.	Mohamed Hanipa Bin Maidin (Serial No. M/465) DB/08/4311 By ASDB Order dated 11 April 2009 the Respondent of No.23, Jalan Sg 1/29, Taman Sri Gombak, 68100, Batu Caves, Selangor was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
4.	Karthigesan a/l Shanmugam (Serial No. K/604) DB/08/4192 By ASDB Order dated 11 April 2009 the Respondent of No.145, Jalan Permai Impian 5, Taman Permai Impian, 70300 Seremban, Negeri Sembilan was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
5.	Ahmad Fuad Bin Zulkifli (Serial No: A1010) DB/08/3792 By ASDB Order dated 10 April 2009 the Respondent of No. 58, Jalan Nirwana, Taman Nirwana, 68000 Ampang, Selangor was fined RM10,000.00 for gross disregard of his client’s interests in that he had failed to inform the Complainant of the hearing date in an Industrial Court matter resulting in the dismissal of the case and although having advised the Complainant to appeal and having been instructed to do so failed to file the appeal . The Respondent had also failed to attend to a civil matter on behalf of the Complainant’s father.
6.	Tia Poh Loong (Serial No. T/952) DC/07/3322 By ASDB Order dated 11 April 2009 the Respondent of No. 16, Jalan Sakti 1, Century Garden, 80250 Johor Bharu, Johor was after taking into account mitigating factors fined RM2,000.00 for acting as common solicitor and failing to advise the Complainant to appoint his own solicitor and for registering the transfer of the property in favour of the Purchasers despite the purchase price having not been fully paid to the Complainant.
7.	Hardeep Singh Mann A/L Harbhajan Singh (Serial No. H/280) DC/07/3555 By ASDB Order dated 9 April 2009 the Respondent of 04-01, Palm Gardens, Jalan Mariamah, 80100 Johor Bharu, Johor was fined RM5,000.00 for misconduct under S.94(3)(n) of the Legal Profession Act 1976 for acting in gross disregard of his client’s interests in that the Respondent had failed to advise the Complainant not to withdraw an action against the 1st Defendant in a civil suit without liberty to file afresh relying merely on a promise by the 1st Defendant to produce original documents that would attach liability on the 2nd Defendant to pay the Complainant.
8.	Khoo Gaik Tee (Serial No: K/154) DC/07/3422 By ASDB Order dated 9 April 2009 the Respondent of No.4, Jalan Birch, 10250 Penang was fined RM3,000.00 for practising without a valid Practising Certificate from 1.1.2007 until 23.8.2007.
9.	Azahani Binti Ariffin (Serial No: A/1088) DC/06/1837 By ASDB Order dated 10 April 2009 the Respondent of 101, Blok A10, Seksyen 10 Wangsa Maju, 53300 Kuala Lumpur was fined RM20,000.00 for gross disregard of her client’s interests in that the Respondent had failed to carry out her duty as stakeholder by wrongly releasing monies to a 3rd party thereby causing the Complainant to suffer loss.
10.	Cham Chean Fong @ Sian Chean Fong (Serial No: C/624) DB/08/3817 By ASDB Order dated 10 April 2009 the Respondent of YG-2, 7th Floor, Le Jardin Condominium, Jalan Pandan Indah 26, 55100 Kuala Lumpur was fined RM2,000.00 for gross disregard of his client’s interests in that; i) he failed to protect the Complainant’s interest in not conducting a proper land search before preparing the security documents; and ii) he failed to register the charges in favour of the Complainant.
11.	R. Vigneswaran A/L Raju (Serial No: R/526) DC/07/3544 By ASDB Order dated 11 April 2009 the Respondent of No. 37, Jalan Bukit Mewah 3, Taman Bukit Mewah, 43000, Kajang, Selangor was fined RM3,000.00 for committing a breach of the Solicitors’ Remuneration (Enforcement) Rules 2004, in that he granted a discount when he ought not to.
12.	Ahmad Lutfi Bin Awang (Serial No. A/786) DB/08/3820 By ASDB Order dated 10 April 2009 the Respondent of No.11, Jalan SG 7/2, Taman Seri Gombak, 68100 Batu Caves, Selangor was fined RM3,000.00 for acting in gross disregard of his client’s interests in that the Respondent had failed to complete the Complainant’s conveyancing transaction, thereby causing the Complainant to bear losses amounting to RM4,182.00.
13.	Ahmad Lutfi Bin Awang (Serial No. A/786) DC/07/3545 By ASDB Order dated 9 April 2009 the Respondent of No.11, Jalan SG 7/2, Taman Seri Gombak, 68100 Batu Caves, Selangor was fined RM10,000.00 for conduct unbefitting of an advocate and solicitor in that the Respondent had failed; i) to update the progress of the progress of the case; ii) to advise the Complainant; iii) to initiate action in court; and iv) to return relevant documents upon being discharged.
14.	Ahmad Shukri B Abd Rahman (Serial No. A/331) DC/05/1354 By ASDB Order dated 9 April 2009 the Respondent of 307, Lengkok Perdana 8/3, Bandar Perdana S8, 08000, Sungai Petani, Kedah was fined RM3,000.00 for acting in gross disregard of his client’s interests in that the Respondent was negligent in preparing the Sale and Purchase Agreement when he knew the vendor was not the registered owner and in failing to disclose this to the Complainant caused loss to the Complainant.

(165th Board Meeting)

1.	Krishnan s/o Papoo (Serial No. K/254) DB/08/4196 By ASDB Order dated 16 May 2009 the Respondent of No.4A, Jalan Kencana II, 55100 Kuala Lumpur was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
2.	Liew Teck Keong (Serial No. L/158) DB/08/4244 By ASDB Order dated 16 May 2009 the Respondent of No.5, Jalan Penggawa Off Jalan U Thant, 55100 Kuala Lumpur was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
3.	Marina Bt Abdul Muttalib (Serial No. M/409) DB/08/4227 By ASDB Order dated 16 May 2009 the Respondent of A-04-03, Damai Senja Apartment PJS 1, Petaling Utama, Jalan Klang Lama, 46000, Petaling Jaya, Selangor was after taking into account mitigating factors fined RM500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that she failed to submit her firm’s Returns for the period specified in the Bar Council’s Notice.
4.	Diana Ann Seah (Serial No. S/213) DB/08/4256 By ASDB Order dated 16 May 2009 the Respondent of D1-2, Stulang View Condo, Jalan Kuning, 80100 Johor Bahru, Johor was after taking into account mitigating factors fined RM500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that she failed to submit her firm’s Returns for the period specified in the Bar Council’s Notice.
5.	Mohamad Faisal Bin Abdul Gaffar (Serial No. M/802) DB/08/4102 By ASDB Order dated 16 May 2009 the Respondent of No. 42, Jalan 39/10, Taman Koperasi Polis Fasa 2, 68100 Batu Caves, Selangor was after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
6.	Jeremy Mark a/l Joseph Jayaraj S. (Serial No. J/344) DB/08/4222 By ASDB Order dated 16 May 2009 the Respondent of 116, Lorong Zaaba, Taman Tun Dr. Ismail, 60000 Kuala Lumpur was after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
7.	Baharuddin Bin Mohd Salleh (Serial No. B/114) DB/08/4061 By ASDB Order dated 16 May 2009 the Respondent of No.7, Jalan Puteri Indah 2/2, Taman Puteri Indah, 83000 Batu Pahat, Johor Darul Takzim was fined RM3,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
8.	(i) Lal Harcharan Singh (Serial No. L/009) (ii) Shivdev Singh (Serial No. S/224) DB/08/4252 By ASDB Order dated 16 May 2009 the 1st Respondent and the 2nd Respondent of No. 29, Jalan Lasam, Greentown, 30300 Ipoh, Perak Darul Ridzuan were after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
9.	(i) Mohd Hatta Bin Zakaria (Serial No. M/975) (ii) Pakhiruddin Bin Mat Saad (Serial No. P/261) DB/08/4308 By ASDB Order dated 16 May 2009 the 1st Respondent of No.20, Jerai Heights, 08300 Gurun, Kedah Darul Aman and the 2nd Respondent of A-56, Kampung Tunku Putra, Kilang Lama, 09000 Kulim,Kedah Darul Aman were fined RM3,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
10.	Bhuvanadas a/l Gopaldas (Serial No. B/084) DB/08/4067 By ASDB Order dated 16 May 2009 the Respondent of No. 21, Jalan Api-Api 4, Taman Megah Ria, 81750 Masai, Johor was fined RM3,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
11.	Jamian B Dolah (Serial No. J/111) DB/08/4174 By ASDB Order dated 16 May 2009 the Respondent of No. 32, Jalan Pulai Perdana 4/5, Taman Sri Pulai Perdana, 81100 Johor Bahru, Johor was after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
12.	i) Baldape Singh a/l Atma Singh (Serial No. B/187) ii) Harvinder Kaur a/p Baldev Singh (Serial No. H/471) DB/08/4066 By ASDB Order dated 16 May 2009 the 1st Respondent and the 2nd Respondent of 202-4-1, Sri Saujaya Condominium, Jalan Kampung, Bandar Dalam Sentul, 51000, Kuala Lumpur were after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
13.	(i) Mohd Khairol Bin Mohd Ariff (Serial No. M/623) (ii) Nor Asmawi Bin Asri (Serial No. N/679) DB/08/4187 By ASDB Order dated 16 May 2009 the 1st Respondent of No.3, Batu 10 ¼ , Kampong Kolam, 31250, Tanjung Rambutan, Perak Darul Ridzuan and the 2nd Respondent of No.34, Batu ½, Kampung Selinsing, Simpang Empat, Semanggol, 34400 Perak Darul Ridzuan were fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that they failed to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
14.	Lim Kim Choon (Serial No. L/896) DB/08/4243 By ASDB Order dated 16 May 2009 the Respondent of No. 25, Jalan Laksamana 12/1, 40100 Shah Alam, Selangor was after taking into account mitigating factors fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in that he failed to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
15.	Low Pooi Moon (Serial No. L/323) DC/07/2799 By ASDB Order dated 15 May 2009 the Respondent of 36, Jalan 1/8, Taman Persiaran Desa, 50460 Kuala Lumpur was fined RM3,000.00 for misconduct under S.94(3)(m) and (o) of the Legal Profession Act 1976, in that he had mixed his professional duties with his personal affairs by borrowing money from his own client and for collecting fees without issuing any bills or receipts.
16.	Aliza Binti Ahmad (Serial No. A1231) DC/07/2787 By ASDB Order dated 16 May 2009 the Respondent of D-42, Lorong 14, Taman Sejati Indah, 08000 Sungai Petani, Kedah was after taking into account mitigating factors fined RM3,000.00 for being in breach of the Solicitors Remuneration Order 2005 in failing to ensure the returns and files handled were in accordance with the Rules, overcharging her clients and omitting to charge scale fees for some files.

(166th Board Meeting)

1.	Teoh Oon Teong Philip (Serial No. T/430) DB/08/4234 By ASDB Order dated 30 May 2009 the Respondent of 14, Jalan BU 7/5, Bandar Utama, Petaling Jaya, 47800 Selangor was fined RM3,000.00 for gross disregard of his client’s interests in not taking action in the Complainant’s suit resulting in a Judgment in Default (JID) being entered against the Complainant and not applying to set aside the JID. The Board further ordered the Respondent to make restitution of the legal fees of RM3,500.00 to the Complainant.
2.	Edward Chin Chow Foo (Serial No. C/514) DC/07/3351 By ASDB Order dated 30 May 2009 the Respondent of BCB 19, Jalan 4/14D, Pandan Indah, 55100 Kuala Lumpur was fined RM500.00 for failing to conduct himself in a professional manner by not explaining the terms of a Tenancy Agreement and not witnessing the Complainant’s signature in the agreement.
3.	Izaidin B. Mohd Zahari (Serial No. I/060) DB/08/4208 By ASDB Order dated 30 May 2009 the Respondent of 12, Lorong Rahim Kajai 12, Taman Tun Dr. Ismail, 60000 Kuala Lumpur was fined RM5,000.00 for gross disregard of his client’s interests in that he had released the stakeholder’s monies before the perfection of a Deed of Assignment and the inordinate delay in obtaining the consent of the State Authority of ten years.

(167th Board Meeting)

1.	Damian Pheny (Serial No. D/046) DC/07/3474 By ASDB Order dated 19 June 2009 the Respondent of No. 105, Jalan 5/58C, Maxwell Towers A, Seksyen 5, 46000 Petaling Jaya, Selangor was fined a sum of RM3,000.00 for misconduct under s.94(3)(o) of the Legal Profession Act 1976 and for breach of Rule 31 of the Legal Profession (Practice and Etiquette) Rules 1978 in personally entering into a sub-tenancy when he was fully aware that the tenancy drafted by the Respondent himself, do not allow for sub-tenancies.
2.	Govindarajoo a/l R Muniandy (Serial No. G/135) DB/08/3569 By ASDB Order dated 19 June 2009 the Respondent of 82, Taman Baru, Seberang Jaya, 13700 Seberang Prai, Penang was fined RM2,000.00 for acting in gross disregard of his client’s interests by failing to attend Court on the hearing date resulting in the suit being struck off.
3.	Wong Wee Kok (Serial No .W.323) DB/08/4337 By ASDB Order dated 19 June 2009 the Respondent of 9, Jalan PJU 1A/23B, Ara Damansara 47301 Petaling Jaya, Selangor was fined RM2,000.00 for acting in gross disregard of his client’s interests in failing to obtain the State Authority’s consent within the stipulated period and failing to obtain an extension of time as provided for in the Sale and Purchase Agreement.
4.	Nik Mohamad Amin B Nik Abdullah (Serial No. N/138) DC/07/2964 By ASDB Order dated 20 June 2009 the Respondent of PT 778, Jalan Hospital, Kg. Belukar, Pulau Kapas, Tapang, 15200 Kota Bahru, Kelantan was fined RM5,000.00 for breach of Rules 7.01(4) and 8.01 of the Rules and Rulings of the Bar Council Malaysia and is thereby guilty of misconduct under s.94(3)(k) and s.94(3)(o) of the Legal Profession Act 1976 in allowing an unauthorised person to carry out the duties and functions of an Advocate and Solicitor in his firm.
5.	Tan Moh Huat (Serial No. T/222) DB/08/4250 By ASDB Order dated 20 June 2009 the Respondent of 41, Jalan Aminuddin Baki, 70100 Seremban, Negeri Sembilan Darul Khusus was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
6.	Espran a/l Botharajoo (Serial No. E/042) DB/08/4108 By ASDB Order dated 20 June 2009 the Respondent of 482, Padang Kulim, 09000 Kulim, Kedah was fined RM1,500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
7.	Ling Yoke Hooi (Serial No. L/779) DB/08/4242 By ASDB Order dated 20 June 2009 the Respondent of 13, Jalan Bendahara 3/7, Bandar Mahkota Cheras, 43200 Cheras, Selangor Darul Ehsan was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit her firm’s Returns for the period specified in the Bar Council’s Notice.
8.	Won Walter a/l P P Pereira (Serial No. W/182) DB/08/4322 By ASDB Order dated 20 June 2009 the Respondent of 10-13-5, Danau Permai Kondominium, Taman Danau Desa, 58200 Kuala Lumpur was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
9.	Gurmit Singh Pangu a/l Gurcharan Singh (Serial No.G/172) DB/08/4080 By ASDB Order dated 20 June 2009 the Respondent of 9-10-1, Jalan 3/109C, Taman Abadi Indah, 58100 Kuala Lumpur was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
10.	Khairil Sani B. Mohamed Hassan (Serial No. K/295) DB/08/4188 By ASDB Order dated 20 June 2009 the Respondent of E-3-05, Pangsapuri Pesona, Taman Pauh Jaya, Fasa 5C, Prai, 13700 Penang was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
11.	Balasingam V (Serial No. B/008) DB/08/4063 By ASDB Order dated 20 June 2009 the Respondent of No. 21, Jalan BK 3/10A, Bandar Kinrara, 47100 Puchong Selangor Darul Ehsan was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
12.	Mohamad Rashid Bin Che Ab. Rahman (Serial No. M/1661) DB/08/4223 By ASDB Order dated 20 June 2009 the Respondent of No. 2, Jalan Petalawati 6/2B Seksyen 6 40000 Shah Alam Selangor Darul Ehsan was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
13.	Gerard Lazarus a/l Percy John Lazarus (Serial No.G/193) DB/08/4126 By ASDB Order dated 20 June 2009 the Respondent of No. 29, Jalan Kiara 1/KS 6 Bandar Botanic 41200 Klang Selangor Darul Ehsan was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
14.	Rahmat Bin Mohd Diah (Serial No. R/453) DB/08/4131 By ASDB Order dated 20 June 2009 the Respondent of Lot 3277, No. 15B, Off Jalan 18/17, Taman Kanagapuram, Jalan Klang Lama, 46000 Petaling Jaya, Selangor Darul Ehsan was, after taking into account mitigating factors, fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
15.	Ku Abdul Rahman B Ku Ismail (Serial No. K/271) DB/08/4193 By ASDB Order dated 20 June 2009 the Respondent of No.49, Jalan Pahlawan Taman Senangan, 15050 Butterworth Penang was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
16.	Jesvinderjit Singh a/l Santokh Singh (Serial No. J/336) DB/08/4219 By ASDB Order dated 20 June 2009 the Respondent of Block 3A-15-2, Bukit OUG Condominium, Jalan 3A-155, 48700 Kuala Lumpur was, after taking into account mitigating factors, fined RM1,500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.

(168th Board Meeting)

1.	Chin San Nee (Serial No. C/652) DB/08/4435 By ASDB Order dated 10 July 2009 the Respondent of No 45, Taman Sentosa Bakar Arang 08000, Sungai Petani Kedah was, after taking into account mitigating factors, fined RM1,000.00 for acting in gross disregard of her client’s interests in losing the land title and failing to respond to the enquiries of the Complainants and the Bank’s solicitors. The Respondent has since forwarded the replacement title to the Bank.
2.	Kong Chee Phang (Serial No. K/381) DB/08/3780 By ASDB Order dated 10 July 2009 the Respondent of C-9-8, Jalan 144C/15 Jalil Damai Apartment, Bukit Jalil 58200 Kuala Lumpur was fined RM3,000.00 for acting in gross disregard of his client’s interests in failing to attend to the purchase of an auction property resulting in the Bank forfeiting the Complainant’s 5% deposit although the Complainant had paid full legal fees and the balance 95% of the purchase price to the Respondent. The Complainant had been refunded half of the legal fees and the 95% of the purchase price paid and was told to deal with the Bank directly.
3.	Yeap Chye Choon (Serial No. Y/050) DB/08/4098 By ASDB Order dated 10 July 2009 the Respondent of 208A, 11th Floor, Sunrise Tower Persiaran Gurney 10250, Penang was fined RM2,000.00 for misconduct under S.94(3)(k),(n) and (o) of Legal Profession Act 1976 for practising whilst he was an undischarged bankrupt.
4.	Tan Li Hoon (Serial No.T/447) DB/08/3821 By ASDB Order dated 10 July 2009 the Respondent of Unit 24-3-3, Mayang Court Condo, Jalan Mayang, Off Jalan Ampang, 50450 Kuala Lumpur was, after taking into account mitigating factors, fined RM1,000.00 for failing to reply to 8 letters from the Purchaser’s solicitors.
5.	Mohd Shafizan Bin Shahbudin (Serial No. M/973) DB/07/3430 By ASDB Order dated 10 July 2009 the Respondent of No.10, Jalan Joran Satu 19/24A Seksyen 19, 40000 Shah Alam Selangor was, after taking into account mitigating factors, fined RM1,000.00 for the delay in refunding to the solicitors for the Complainant/Purchaser interest accrued on a fixed deposit account.
6.	R. Maran a/l K. Ramiah (Serial No. R/895) DB/08/4088 By ASDB Order dated 10 July 2009 the Respondent of No. 28, Jalan USJ 3/4L Sime UEP, 47600 Subang Jaya Selangor was fined RM3,000.00 for failing to forward the Title Deed and the Memorandum of Title to the Complainant’s new solicitors despite 7 reminders having been sent to him.
7.	Shri @ Indran Ram A/L Ramasamy (Serial No. S1220) DB/08/4112 By ASDB Order dated 10 July 2009 the Respondent of 17, Jalan Puteri 10/18, Bandar Puteri, 47100 Puchong Selangor was fined RM5,000.00 for acting for both the vendor and the purchaser in a Sale and Purchase transaction and also for acting in gross disregard of his client’s interests in causing the Complainant not being able to settle the balance of the purchase price.
8.	Shri @ Indran Ram A/L Ramasamy (Serial No. S1220) DB/08/4235 By ASDB Order dated 10 July 2009 the Respondent of No. 17, Jalan Puteri 10/18, Bandar Puteri, 47100 Puchong Selangor was fined RM2,000.00 for: i) failing to complete the transfer of property to the Complainant despite several requests and being paid the full fees by the Complainant; ii) not refunding the fees and not returning all documents to the Complainant’s new solicitor despite many requests to do so; and iii) overcharging of legal fees. The Board further ordered the Respondent to make restitution in the sum of RM4,890.00 to the Complainant.
9.	(i) Mohd Ibrahim B Abdul Rahman (Serial No. M/630) (ii) Oh Aik Kim (Serial No. O/098) DB/08/4177 By ASDB Order dated 11 July 2009 the 1st Respondent of No.33, Lintang Pekaka 9, Taman Pekaka, 11700 Gelugor Penang and the 2nd Respondent of No.38 Persiaran Minden 1, Minden Heights, 11700 Penang were fined RM1,000.00 and RM2,000.00 respectively: i) for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit their firm’s Returns for the period specified in the Bar Council’s Notice; and ii) for numerous breaches under the Solicitors Remuneration Order 1991.
10.	Periasamy A/L Karuppan (Serial No. P/164) DC/08/3761 By ASDB Order dated 10 July 2009 the Respondent of No. 33, Jalan Prima 3/8, Taman Puchong Prima, 47100 Puchong, Selangor Darul Ehsan was fined RM5,000.00 for acting in gross disregard of his client’s interests in releasing monies to the vendor before obtaining the Memorandum of Transfer and the land title.
11.	Albert A/L Antoni Tass (Serial No. A/936) DB/08/4166 By ASDB Order dated 11 July 2009 the Respondent of No.43, Lorong Kekwa Taman Kamunting Jaya, 34600 Taiping Perak was fined RM3,000.00 for breach of Rule 56 of the Legal Profession (Practice and Etiquette) Rules 1978 in entering two Judgments in Default (JID) without giving written notice to opposing counsel and further for objecting to the Complainant’s application to set aside the JIDs’.
12.	Ahmad Fuad Bin Zulkifli (Serial No. A/1010) DB/08/4361 By ASDB Order dated 10 July 2009 the Respondent of No. 58, Jalan Nirwana, Taman Nirwana, 68000 Ampang Selangor Darul Ehsan was fined RM10,000.00 for practising without a Practising Certificate and for failing to respond to the Complainant’s queries. The Board further ordered the Respondent to make restitution in the sum of RM5,500.00 to the Complainant.
13.	Sanisah Bt Abdul Sani (Serial No. S/870) DB/08/3600 By ASDB Order dated 10 July 2009 the Respondent of No 38, Jalan 3/5, Taman Kosas, 68000 Ampang Selangor was fined RM1,000.00 for acting in gross disregard of her client’s interests in failing to obtain the Title Deed although the Complainant had settled his loan in full more than 2 years ago.
14.	Ch’ng Beng Chan (Serial No. C/374) DB/08/4283 By ASDB Order dated 10 July 2009 the Respondent of No 25, Jalan SS21/30, Damansara Utama, Petaling Jaya Selangor was fined RM3,000.00 for acting in gross disregard of his client’s interests in failing to extract the grant of probate for his client despite having been instructed since 1998 and being paid fees to do so.
15.	Ramis A/L Subramaniam (Serial No. R/249) DC/07/3248 By ASDB Order dated 10 July 2009 the Respondent of No 9, Jalan Sawi 5, Taman Sri Lalang, 81900 Kota Tinggi Johor was fined RM5,000.00 for: i) acting in conflict of interest in that being the vendor, the Respondent acted also for the Purchasers in the Sale and Purchase Agreement; and ii) acting in gross disregard of his client’s interests in failing to take necessary steps to attend to the loan documentation and to register the property in favour of the purchasers despite having received part payment of the fees.
16.	Su Thiam Huie (Serial No. S/307) DC/07/3338 By ASDB Order dated 11 July 2009 the Respondent of B2-03-2, Bukit Utama 1, No.3, Changkat Bandar Utama, PJU 6, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan was fined RM10,000.00 for gross disregard of his client’s interests under S.94(3)(n) of the Legal Profession Act 1976 in failing to have the property registered in the Complainant’s name although 9 years had elapsed since the Sale and Purchase Agreement was entered into.
17.	Ngo Han Chiang (Serial No. N/491) DC/08/3930 By ASDB Order dated 9 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM10,000.00 for acting in gross disregard of his client’s interests in a Sale and Purchase Agreement for failing to supervise his staff thereby causing loss to the Complainant through dishonest acts of the staff. The Board further ordered the Respondent to make restitution in the sum of RM11,400.00 to the Complainant.
18.	Ngo Han Chiang (Serial No. N/491) DB/08/4204 By ASDB Order dated 10 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM2,000.00 for acting in gross disregard of his client’s interests in failing to file a claim for ancillary relief despite being instructed to do so and despite being paid a retainer. The Board further ordered the Respondent to make restitution in the sum of RM4,500.00 to the Complainant.
19.	Ngo Han Chiang (Serial No. N/491) DB/08/3811 By ASDB Order dated 10 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM2,000.00 for acting in gross disregard of his client’s interests in failing to attend to a loan agreement despite being instructed to do so and despite being paid fees.
20.	Ngo Han Chiang (Serial No. N/491) DB/08/4160 By ASDB Order dated 10 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM2,000.00 for acting in gross disregard of his client’s interests in failing to attend to a Sale and Purchase Agreement despite being paid fees. The Board further ordered the Respondent to make restitution in the sum of RM1,837.00 to the Complainant.
21.	Ngo Han Chiang (Serial No. N/491) DB/08/4146 By ASDB Order dated 10 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM2,000.00 for acting in gross disregard of his client’s interests in failing to attend to a Sale and Purchase Agreement despite being instructed to do so and despite being paid fees. The Board further ordered the Respondent to make restitution in the sum of RM500.00 to the Complainant.
22.	Ng Chiao Chon (Serial No. N/644) DC/07/2858 By ASDB Order dated 11 July 2009 the Respondent of No.85, Jalan Sepak Puteri 5/2, Seri Utama Kota Damansara, 47801 Petaling Jaya Selangor was fined RM20,000.00 for gross disregard of his client’s interests for breaching his duty as stakeholder in not releasing monies to the parties entitled to it.
23.	Ahmad Ansor B Muhd Rivai Batubara (Serial No. A1103) DB/08/4332 By ASDB Order dated 11 July 2009 the Respondent of No.17, Lang Indah 2, Desa Lang Indah, 30010 Ipoh Perak was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
24.	Jayaprathap S/O Buloga Pothal (Serial No. J/221) DB/08/4175 By ASDB Order dated 11 July 2009 the Respondent of No.57, Taman Aman Mewah 1, 32000 Setiawan Perak was fined RM2,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
25.	(i) Choy Meng Kewong (Serial No. C/125) (ii) Lai Chee Meng (Serial No. L589) DB/08/4059 By ASDB Order 11 July 2009 the 1st Respondent of No 1, Jalan Keledang Taman Gopeng, 28400 Mentakab Pahang and the 2nd Respondent of No.10, Taman Bukit Indah, 28000 Temerloh Pahang were, after taking into account mitigating factors, fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
26.	i) Aidil Effendy Bin Azmi (Serial No. A1140) ii) Nor Isman Bin Ismail (Serial No. N/839) DB/08/4132 By ASDB Order dated 11 July 2009 the 1st Respondent of B-12-6 Oakleaf Park Condominium, Persiaran Bukit Jaya, Bukit Antarabangsa 68000 Ampang, Selangor and the 2nd Respondent of No.15, Jalan AU1/1B, Taman Keramat Permai 54200, Kuala Lumpur were, after taking into account mitigating factors, fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
27.	Jeramal @ Ganesan S/O Muthu (Serial No. J/143) DB/08/4173 By ASDB Order dated 11 July 2009 the Respondent of No.2, Jalan Lenggong, Taman Rainbow, 4th Mile, Jalan Ipoh 51200 Kuala Lumpur was, after taking into account mitigating factors, fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
28.	Bimalarajah A/L S.Kanagasabai (Serial No. B/038) DB/08/4212 By ASDB Order dated 11 July 2009 the Respondent of No.23, Jalan Jerau 2, Taman Pelangi, 80400 Johor Bahru was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
29.	(i) Abd Malek B Mohamad Nor (Serial No. A/199) (ii) Abd. Aziz B. Mohd Noor (Serial No. A/826) DB/08/4231 By ASDB Order dated 10 July 2009 the 1st Respondent of 10E-04-06-007, Sri Kenabalu Condominium, Section 10, Wangsa Maju 53300, Kuala Lumpur and the 2nd Respondent of No 16, Jalan Rajawali 13, Taman Berjaya Nibong Tebal 14300, Seberang Prai Selatan Penang were, after taking into account mitigating factors, fined RM500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
30.	(i) Kuan Wun Sein (Serial No. K/284) (ii) Lam Weng Choong (Serial No. L/593) DB/08/4097 By ASDB Order Dated 10 July 2009 the 1st Respondent and the 2nd Respondent of No.3, Jalan Batu Bungkal 30250 Ipoh Perak were fined RM2,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit their firm’s Returns for the period specified in the Bar Council’s Notice.
31.	Gurbachan Singh A/L Bagawan Singh (Serial No. G/042) DB/08/4068 By ASDB Order Dated 10 July 2009 the Respondent of 18, Jalan Sri Klebang 4 Bandar Baru Sri Klebang 31200, Chemor Perak was fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
32.	V. Wyanagaram @ Jeffrey Wyana (Serial No.V/141) DB/08/4167 By ASDB Order dated 11 July 2009 the Respondent of 2273, RJ 3/4, Taman Rasa Jaya, 70300 Seremban was, after taking into account mitigating factors, fined RM1,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
33.	Christopher Amirtharaj Joseph (Serial No. G/842) DB/08/4246 By ASDB Order dated 10 July 2009 the Respondent of No 28, Jalan SS 5D/3, Kelana Jaya 47301, Petaling Jaya Selangor was, after taking into account mitigating factors, fined RM500.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.
34.	Ngo Han Chiang (Serial No. N/491) DB/08/4217 By ASDB Order dated 10 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was fined RM2,000.00 for not complying with Rule 4(3) of the Solicitors’ Remuneration (Enforcement) Rules 2004 in failing to submit his firm’s Returns for the period specified in the Bar Council’s Notice.

(B) Suspensions

(164th Board Meeting)

Mat Zain B Sulaiman (Serial No: M/419 )
DC/07/3349

By ASDB Order dated 10 April 2009 the Respondent of No. 2 Jalan Alam Jaya 10, Taman Alam Jaya, BT 8 Cheras, 43200 Kajang, Selangor was ordered to be suspended for six (6) months from practice as an advocate and solicitor effective 21 days from the date of the Order for:-
i) operating a firm without an office and not maintaining an office at the address he had represented to the Bar Council; and
ii) setting up by way of counter claim his legal bill for RM76,860.00 against the party who did not benefit from his legal services.

(165th Board Meeting)

Y.M.Tengku Mohamed Fauzi Bin Tengku Abdul Hamid (Serial No. T/155)
DC/07/2972

By ASDB Order dated 16 May 2009 the Respondent of 670, Jalan Rimbun Hijau, Country Heights, 43000 Kajang, Selangor was ordered to be suspended for three (3) months from practice as an advocate and solicitor effective 21 days from the date of the Order for misconduct under S.94(3)(c), (n) and (o) of the Legal Profession Act 1976 for breach of his duty as stakeholder in releasing monies to a 3rd party without the consent of the Complainant.

The Disciplinary Board regrets the error in the above notice which should read:

Y.M.Tengku Mohamed Fauzi Bin Tengku Abdul Hamid (Serial No. T/155)
DC/07/2972

By ASDB Order dated 16 May 2009 the Respondent of 670, Jalan Rimbun Hijau, Country Heights, 43000 Kajang, Selangor was ordered to be suspended for three (3) months from practice as an advocate and solicitor effective 21 days from the date of the Order for misconduct for breach of his duty as stakeholder in releasing monies to a 3rd party without the consent of the Complainant.

Kamariah Nor Bt Awang Ngah (Serial No. K/311)
DC/07/2971

By ASDB Order dated 15 May 2009 the Respondent of No. 19, Jalan Kilat, Taman Palm Grove, 41200 Klang, Selangor was ordered to be suspended for four (4) months from practice as an advocate and solicitor effective 21 days from the date of the Order for misconduct under S.94(3)(d), (k) and (n) of the Legal Profession Act 1976, in acting in conflict of interest by acting for both the Complainant/Purchaser and the Developer and in failing to protect the interests of the Complainant by releasing stakeholder monies before the Sale and Purchase Agreement was executed.

The Board further ordered the Respondent to make restitution in the sum of RM24,503.00 to the Complainant.

Abdul Razak bin Idris (Serial No. A1239)
DC/08/3764

By ASDB Order dated 16 May 2009 the Respondent of No. 20, Taman Seri Bayu, Morib, Banting, 42700 Kuala Langat Selangor was ordered to be suspended for two (2) years from practice as an advocate and solicitor effective 21 days from the date of the Order for failing to ensure that the stakeholder’s funds were utilized for the purpose they were deposited with the firm.

Krishnamurthy s/o Karthikesu (Serial No. K/349)
DB/07/3435

By ASDB Order dated 13 February 2009 the Respondent of 308, Block C 2, Subang Ville Ehsan Apartments, Jalan PJS 10/11, 45150 Subang Jaya, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for practising without a Practising Certificate and continuing to do so despite a Restraining Order obtained against him by the Bar Council.

Annamala a/p Thananayagam (Serial No. A/437)
DB/08/3776

By ASDB Order dated 13 February 2009 the Respondent of No. 8 Jalan SS 5B/6, Kelana Jaya, 47301 Petaling Jaya, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for practising without a Practising Certificate and acting dishonestly by lying to the Complainant that the Complainant’s divorce petition had been filed when it was not and causing the Complainant to pay RM3,500.00 pursuant to a non-existent ex-parte order.

(163rd Board Meeting)

1.	Fabli Bin Yusof (Serial No. F/060) DC/07/2855 By ASDB Order dated 20 March 2009 the Respondent of No. 13, Jalan Bertam Jaya 5, Taman Bertam Jaya, 76540 Melaka was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from 20 March 2009 for committing criminal breach of trust in failing to account for the sum of RM48,000.00 received from the client for the purposes of purchasing a property and failed to attend diligently to the transaction. The Board further ordered the Respondent to make restitution of the sum of RM48,000.00 to the Complainant.
2.	Azman Bin Ibrahim (Serial No. A/533) DC/07/3308 By ASDB Order dated 20 March 2009 the Respondent of No. 7, Jalan Permata 10, Taman Permata, 86000 Kluang, Johor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for committing breach of trust and guilty of misconduct under S.94(3)(c) and (o) of Legal Profession Act, 1976 in that the Respondent had failed to account for the sum of RM637,500.00 being the balance purchase price in one Sale and Purchase Agreement and failed to pay stamping fees in respect of another transaction for the sum of RM9,600.00 which was already paid by the Complainant to the Respondent causing the Complainant to pay a penalty for late payment for the sum of RM31,000.00. The Board further ordered the Respondent to make restitution of the sum of RM637,500.00 and RM9,600.00 respectively to the Complainant.
3.	Santhi A/P Nagu (Serial No. S/1327) DC/07/3264 By ASDB Order dated 21 March 2009 the Respondent of No. 860, Jalan IB/1, Bandar Baru, 47800 Sungai Buloh, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from 21 March 2009 for misconduct under S.94(c),(n) and (o) of the Legal Profession Act 1976 (as Amended) in that the Respondent had issued 2 cheques to the Complainant for the amount of RM75,000.00, one from his client’s account and another from the office account, which were dishonoured. The Board further ordered the Respondent to make restitution of the sum of RM30,000.00 to the Complainant.

(164th Board Meeting)

1.	Engku Zalina Binti Che Ku Zainal (Serial No. E/138) DC/07/3370 By ASDB Order dated 9 April 2009 the Respondent of 332 Block A, Jalan Perdana 3/2, Pandan Perdana, 56100 Kuala Lumpur was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for acting dishonestly in discharge of her duties in respect of conveyancing files handled by her.
2.	Muhammad Jauhari B Hashim (Serial No: M/351) DC/08/3566 By ASDB Order dated 10 April 2009 the Respondent of No. 3, Jalan Seberang Pasir Mas Salor Padang Chenok, Salor, 15000 Kota Bharu, Kelantan was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for breach of stakeholder’s duties and gross disregard of his client’s interests in failing to release the stakeholder’s monies amounting to RM207,834.48 being the balance purchase price in respect of Sale and Purchase Agreements in two separate projects. The Board further ordered the Respondent to make restitution of the sum of RM207,834.48 to the Complainant.
3.	Abdul Halim Bin Ismail (Serial No. A/940) DC/07/2937 By ASDB Order dated 10 April 2009 the Respondent of No.15, Seksyen 4, Jalan Camar 4/11 Kota Damansara, 47810 Petaling Jaya, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for committing misconduct under S.94(3)(c),(n) and (o) of the Legal Profession Act 1976 (as Amended) in breaching his stakeholder’s duties by failing to maintain a loan sum of RM90,000.00 in his client’s accounts, issuing cheques to the Complainant without sufficient funds and refunding part of the sum due to the Complainant. The Board further ordered the Respondent to make restitution of the sum of RM10,000.00 to the Complainant.
4.	Ravindran a/l Kumaraveloo (Serial No. R/492) DC/07/3369 By ASDB Order dated 10 April 2009 the Respondent of No.39, Jalan Kiambang 1, Taman Gembira, 42700 Banting, Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for misconduct under S.94(3)(b),(c),(k),(n) and (o) of the Legal Profession Act 1976:- i) in practising without a Practising Certificate; ii) practising in disregard of an Injunctive Order; iii) in acting for both the vendor and the purchaser; iv) failing to verify that the vendor had in fact passed away before the date of the transaction; and v) for numerous breaches of the Rules and Rulings of the Bar Council Malaysia.

(165th Board Meeting)

Muhammad Jauhari B Hashim (Serial No. M/351)
DC/08/3764

By ASDB Order dated 16 May 2009 in Complaint No: DC/08/3566 the Respondent of No.3, Jalan Seberang Pasir Mas Salor, Padang Chenok, Salor, 15000 Kota Bharu, Kelantan had been ordered to be struck off the Roll of Advocates and Solicitors.

Rosmaniza Bt Osman (Serial No. R/418)
DC/06/1747

By ASDB Order dated 16 May 2009 the Respondent of No. 161, Jalan A9, Taman Melawati, 53100 Kuala Lumpur was ordered to be struck off the Roll of Advocates and Solicitors with effect 21 days from the date of the Order for;

i)    misconduct under S.94(3)(c) and (o) of the Legal Profession Act 1976 in acting dishonestly in the discharge of her duties under a Stakeholder Agreement in releasing RM1,720,985.43 and RM485,000.00 without the approval of the party concerned;

ii)    breach of Rule 2(d) of Part D of the Bar Council Rulings 1997 for allowing an unauthorized person to operate her firm’s accounts; and

iii)    breach of Rule 26 of the Conveyancing Practice Rulings for failing to adhere to the terms of the Stakeholder Agreement.

(167th Board Meeting)

Tuan Haji Abdul Aziz B Hassan (Serial No. A/160)
DC/07/3452

By ASDB Order dated 19 June 2009 the Respondent of Unit 9-1-4, Sri Kenangan Apartment, Jalan 1/27D, Section 6, Wangsa Maju, 53300 Kuala Lumpur was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for conduct unbefitting of an advocate and solicitor in committing breach of trust as a stakeholder by utilizing the stakeholder funds and failing to refund the deposit sum of RM21,000.00 to the Complainant despite the agreement having been aborted.
The Board further ordered the Respondent to make restitution in the sum of RM16,800.00 to the Complainant.

(168th Board Meeting)

Mohammad Rashid Bin Mokhtar (Serial No. M/942)
DC/05/0929

By ASDB Order dated 9 July 2009 the Respondent of C7, Cassia Villa, Taman Kelab Ukay, Jalan Kelab Ukay Utama, Bukit Antarabangsa, 68000 Ampang Selangor Darul Ehsan was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for releasing the sum of RM500,000.00 in breach of his duties as a stakeholder and for conduct unbefitting of an Advocate and Solicitor.

Ngo Han Chiang (Serial No. N/491)
DC/08/4158

By ASDB Order dated 11 July 2009 the Respondent of No.703 Block E Casa Mila Victoria, Jalan Bukit Idaman 3/1, 68100 Batu Caves Selangor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order for misconduct in failing to account to the Complainant the differential sum of RM21,000.00 in his possession.

The Board further ordered the Respondent to make restitution in the sum of RM21,000.00 to the Complainant.

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