PUTRAJAYA: Lawyers aggrieved by decisions of the Advocates and Solicitors Disciplinary Board now have automatic right to appeal to the Federal Court.
A three-man bench of the apex court led by Tan Sri Zulkefli Ahmad Makinudin yesterday said the amended Section 103 of the Legal Profession Act (LPA) did not impose any bar to the right to appeal.
He said requiring the appellant to obtain leave to appeal in the Federal Court would not promote the purpose or object underlying the enacting of the new provision.
"This is in consonant with the intention of Parliament as reflected in the Hansard," he said in dismissing a preliminary objection by the Malaysian Bar Council, which argued that lawyer Lau Keen Fai must first obtain leave to appear in the Federal Court.
The board in January 2010 suspended Lau from practice for three years for fraudulent conduct over a loan transaction following a complaint by his client, Lim Ban Kay.
The High Court dismissed Lau's appeal and the decision was upheld by the Court of Appeal. He appealed to the Federal Court but the council raised the preliminary objection.
Before 2006, dissatisfied lawyers could appeal to the High Court, and then straight to the Federal Court.
However, Section 103 of the LPA was subsequently amended.
Zulkefli said the court took the view that the board, set up under the LPA, was not a subordinate court.
He said whether the High Court, in hearing Lau's case from the board, was exercising its original or appellate jurisdiction did not arise.
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