Lawyer Lingam, 12 others fail to secure QCs service in contempt proceeding



KUALA LUMPUR, Jan 10 Senior warn Datuk V.K. Lingam as well as twelve infancy contributories of Kian Joo Holdings Sdn Bhd (KJH) unsuccessful in their try to secure a service of Queen's Counsel (QC) Sir Edward Garnier to represent them during a disregard record during a Federal Court over their allegation which a Federal Court decider had plagiarised in a created visualisation involving a civil suit.
High Court decider Datuk Zaleha Ismail currently dismissed a QC's duplicate to appear upon an ad-hoc basis during a peak court.
She ruled which a applicant had unsuccessful to uncover which he had special gift as well as experience not available between advocates as well as solicitors in Malaysia.
Justice Zaleha done a preference after conference submissions by Lingam's warn R. Thayalan, comparison federal warn Noor Hisham Ismail representing a Attorney-General's office, as well as Tan Sri Cecil Abraham who represented dual liquidators of Kian Joo Holdings Sdn Bhd (KJH).
Earlier, in his submission, Thayalan said: "Due to a singular as well as formidable legal issues lifted in a Federal Court in both a examination duplicate as well as disregard application, a QC's specialised believe as well as imagination is not found or claimed by any advocate as well as solicitor practising in Malaysia."
However, Noor Hisham, Cecil as well as warn Yeoh Sho Kheong who represented a Bar Council disagreed, contending which a QC's duplicate unsuccessful to fulfil all a requirements of Section 18 of a Legal Profession Act 1976.
They said Malaysia had more than sufficient number of venerable as well as distinguished comparison warn to understanding with a issues during hand.
In 2009, a twelve infancy contributories had filed an duplicate during a High Court to prevent a certain association from appropriation a 32.9 per cent interest in KJH's Kian Joo Can Factory Bhd (KJCF).
Th e High Court had ordered KJH to to be wound up in 1996 as well as dual liquidators were appointed.
The twelve plaintiffs unsuccessful in their duplicate though a Court of Appeal topsy-turvy a preference as well as subsequently a box was brought to a Federal Court which ruled in favour of a liquidators.
The group of twelve then filed a notice of suit through Lingam, looking a Federal Court to examination a preference by a prior panel.
They longed for a Federal Court to set aside a preference of a prior Federal Court row as well as sequence a re-hearing of a appeals prior to a brand new panel.
In a notice of motion, they between others claimed which a Federal Court's 47-page visualisation was substantially a reproduction of a created acquiescence by warn who acted for a dual liquidators without any attribution to them.
The group also claimed which a justice did not conduct an eccentric as well as impartial examination of a justification as well as a law, where it did not rivet in a own analysis or strech a own findings.
On April 3 last year, in a unanimous decision, a Federal Court authorised a leave duplicate by Cecil to cite Lingam as well as others.
Meanwhile, a Federal Court set Jan 22 to hear a examination duplicate by a infancy contributories as well as March 6 for a disregard proceedings. Bernama
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