Dec 5 decision on lawyer’s application for extension of time


  • Nation
  • Thursday, 22 Nov 2012

KUALA LUMPUR: The High Court has set Dec 5 to decide whether to grant extension of time to a lawyer to file his amended claim challenging the legality of a notice for the Malaysian Bar EGM.

High Court judge Justice John Louis O’Hara fixed the date for the test case after hearing submissions by parties.

In his original claim, the plaintiff, lawyer Mohd Khairul Azam Abdul Aziz named the Malaysian Bar, Bar Council, its chairman Lim Chee Wee and its secretary Tony Woon Yeow Thong as the defendants.

Lawyer Shaharudin Ali, who acted for Mohd Khairul, argued that he and his client were applying for extension of time as they had misinterpreted Order 20 (Rule 9) of the Rules of Court 2012 which stressed only on failure to amend writ and statement of the claim upon the granting of leave to amend by the court.

However, lawyer Sunil Abraham, who acted for the Malaysian Bar and Bar Council, applied for the application to be dismissed with costs, saying that that the court should not tolerate such conduct of lawyers in failing to comply with rules in filing of documents.

Justice O’Hara also set Dec 5 for case management of the application by the Malaysian Bar and Bar Council to strike out the claim against them.

Justice O’Hara had on Aug 2 granted leave to Mohd Khairul to amend his writ and claim.

The court had in June struck out the claim against Lim and Woon after Mohd Khairul decided not to pursue the case against the two.

In the suit, Mohd Khairul claimed that a notice for the Malaysian Bar EGM issued on May 4 was invalid and against the Legal Profession Act 1976.

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