Practice Notes

Van Buerle v. Malaysian Bar

On 27 May 2005, the decision in the above case was rendered by Raus J. The dispute that arose centred around whether the 59th Annual General Meeting (AGM) of the Malaysian Bar was properly convened. At the AGM the meeting proceeded on the basis that the members present constituted sufficient quorum for the meeting to take place. In proceeding with the meeting, the Bar Council departured from its previous practice of requiring a quorum of 1/5th the membership of the Bar. The case turned upon an interpretation of various sections of the Legal Professions Act 1976 governing general meetings. The High Court held that the quorum of 1/5th the membership of the Bar applied not only to extraordinary general meetings but also to the annual general meetings of the Bar. The result of the decision was that the 59th Annual General Meeting was declared completely abortive, null and void and that all acts and decisions done, taken or made were completely abortive and were nugatory and invalid.

For full text of the judgment, click here

On 15 July 2005, the Court of Appeal, comprising Datuk Denis Ong Jiew Fook, Dato' Abdul Aziz bin Mohamad and Dato' James Foong Cheng Yuen, dismissed the Malaysian Bar's appeal. For full text of the Judgment of James Foong JCA, click here

"The Malaysian Bar will now appeal to the Federal Court. On 21 July 2005, the Court of Appeal granted a stay of execution pending the appeal to the Federal Court."

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