Datuk Dr. Yunus Gul Bin Alif Gul v Sim Kuan Yee & Ors

Appellant(s): Datuk Dr. Yunus Gul Bin Alif Gul

Respondent(s):

• Sim Kuan Yee
• Lam Siew Wan, Nora

• YA Datuk Azhahari Kamal bin Ramli
• YA Dato' Ahmad Kamal Bin Md. Shahid
• YA Dato' Nadzarin Bin Wok Nordin

• The plaintiff filed a complaint with the Advocates and Solicitors Disciplinary Board (ASDB) against the defendants, a legal firm, for alleged misconduct in preparing a Sale and Purchase Agreement (SPA) for a property.
• The plaintiff alleged defects in the property, non-compliance with housing development regulations, and issues regarding the Malay Reserved Lot status of the land.
• The ASDB initially decided to appoint a Disciplinary Committee (DC) to conduct a formal inquiry but later summarily dismissed the complaint without doing so.

• Whether the ASDB's decision to dismiss the plaintiff's complaint without appointing a Disciplinary Committee, after initially finding merit and deciding to appoint one, was a breach of statutory provisions under the Legal Profession Act 1976 (LPA).
• Whether the ASDB was *functus officio* and breached natural justice and legitimate expectation by reviewing and reversing its decision to appoint a DC.
• Whether the ASDB failed to adhere to the mandatory procedural requirements under sections 100(3)(b), 103A(1)(a), 100(4), and 100(5) of the LPA before summarily dismissing the complaint.

• The Court of Appeal found that the ASDB's dismissal of the complaint without appointing a DC, after having decided to do so and finding merit, was a breach of the mandatory provisions of sections 100(3)(b) and 103A(1)(a) of the LPA.
• The Court held that once the ASDB decided to appoint a DC and notified the plaintiff, it was *functus officio* and could not review its decision, thus breaching natural justice and the plaintiff's legitimate expectation.
• The Court further found that the ASDB also breached sections 100(4) and 100(5) of the LPA by failing to obtain the defendants' consent to summarily deal with the complaint, which rendered the dismissal unlawful. The appeal was allowed, the High Court's decision was set aside, and the matter was remitted to the ASDB for the appointment of a DC.