Published: Wednesday June 13, 2012 MYT 10:52:00 AM
Updated: Wednesday June 13, 2012 MYT 10:57:21 AM
Bar Council applies to dismiss suit over EGM
By M. MAGESWARI
KUALA LUMPUR:The Bar Council and three others are applying to strike out a lawsuit filed by a lawyer against them claiming that a notice for the Malaysian Bar EGM issued on May 4 was invalid and against the Legal Profession Act 1976.
Lawyer Tommy Thomas, who acted for the four defendants, said they were applying to strike out the claim on grounds that it was frivolous, vexatious and abuse of the court process.
Lawyer Khairul Azam Abdul Aziz had filed the claim against the four.
In the statement of claim, he named the Bar Council, Malaysian Bar, Bar Council president Lim Lim Chee Wee and secretary Tony Woon Yeow Thong as the defendants.
Khairul said that at about 1.05pm on May 4, Woon had uploaded a circular on the Malaysian Bar website stating that an EGM would be held at a hotel here at 3pm on May 11.
He claimed Woon uploaded the circular titled "Motion in relation to the events of and surrounding the Bersih 3.0 public assembly on April 28 and matters in connection therewith, proposed by Lim, on behalf of the Bar Council, dated May 4, 2012" at about 11.29pm on May 4.
He said the defendants failed, refused or neglected the statutory rights of the Bar's 14,189 members by not mailing the notice and motion to them.
He also alleged that the notice calling for the EGM was issued less than seven days before May 11, adding that members were also not properly notified.
High Court judge Justice John Louis O'Hara set June 28 for case management.