Saturday, September 19, 2009

LETTER FROM YAPCHONGYEE TO PRESIDENT & SECRETARY MALAYSIAN BAR COUNCIL

Yap Chong Yee,
5a Prinsep Road, Attadale, WA. 6156
Email : yapchongyee@Gmail.com
Tel. (08)6161 3661
Date :9 Sept., 2009
To,
President & Secretary of Malaysian Bar Council,
Dear Sirs !
 
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
I refer to my letter dated 9th Sept., 2009, to President & Secretary of Malaysian Bar Council, wherein I filed compalint against M/s Lim & Hoh, relating to their less than professional conduct in their dealing in the matter of the above said Originating Petition No. D2-26-41 of 2001, wherein M/s Lim & Hoh acted for my wife (Petitioner)as her solicitor and in particular, Mr David Hoh who was my wife's counsel.
I enclose the following letters as forming part and parcel of this letter and their contents are obvious and self evident, (a) letter from my wife, Lim Choi Yin instructing M.s Lim & Hoh as their client to withdraw the ineffectual and meaningless APPEAL AGAINST JUDGE ZAINON'S ILLEGAL & UNLAWFUL ORDER TO STRIKE OUT MY WIFE'S PETITION (b)My WRITTEN OPINION to M/s Lim & Hoh, setting out my reasons why the striking out order that was approved to respondent, Stephen Lim Cheng Ban is void, ineffectual and unenforceable ! (c) I also enclose copy of letter written by Mr Frank Hoh in reply to my first letter to you and Secretary OF MALAYSIAN BAR.
I am still at a lost, after reading Mr Frank Hoh's letter whether, M/s Lim & Hoh is still acting for my wife; however, My wife had instructed her solicitors TO REMOVE SAID APPEAL, AND TO FORWITH APPLY TO SET ASIDE ZAINON'S USELESS ORDER FOR STRIKING OUT PETITION AND TO SEND TO HER COPY OF (1)ORDER FOR SECURITY FOR COSTS (2) ORDER FOR STRIKING OUT. We still have not seen those 2 opposing orders as at this date; therefore I would like to ask M/s Lim & Hoh to show us the order for striking out; WAS THERE IN FACT 2 fucking opposing ORDERS or was that Mr David's idea of a joke ?
The contents of this letter will be sent to the following PERSONS :
(a)CHIEF JUSTICE, MALAYSIA,
(B)CHIEF JUDGE OF MALAYA (JUSTICE AMALUDDIN)
(3)JUDGE DATO MOHD. RAUS SHARIFF,
(4)SOLICITORS FOR ALL RESPONDENTS,
(5LETTER-FAX TO 68 JUDGES, PROSECUTORS AND MEMBERS OF LEGAL FRATERNITY.
(6)to the media !
My complaint to the Malaysian Bar is not merely relating to the misconduct of M/s Lim & Hoh but is of a more serious nature than that. I charge all the parties and ALL the lawyers, on both sides, M/s Mathews(for 1st respondent, represented by Company Secretary, Mr Kwong Sea Yoon), Annad & Noraini (for Stephen Lim and Wong Kem Chen). M/s Teh & Co. solicitors for all the other respondents including Mr Harris bin Tun Hussein Onn.
This comical situation has arisen because Judge Zainon binti Mohd. Ali had mistakenly and arrogantly believed that, she being a High Court Judge, can act with impunity and unaccountable to anyone and hence she is empowered to abuse her judicial powers at will; I am dedicating the rest of my few years left to me to BRING JUDGE ZAINON TO JUSTICE. The reason why Malaysia is lawless is because of irresposible judges like Zainon, who lacked maturity and devoid of professional ethics.
Judge Zainon took umbrage for my formal complaint to the then Chief Justice, Tun Faroz of the "V.K.lingam TAPES" notoreity ! The details are recounted in my blog at http:yapchongyee.blogspot.com. Judge asked my wife to withdraw my wife's application to cross examine respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Ban for PERJURY. My wife refused to with draw and I cmplained to Chief Justice Tun Faroz of her misconduct, but as everything that goes on in Malaysia, this grossly improper conduct committed by a Judge of the High Court was glossed over; and Judge Zainon was allowed to go on to perpetrate MORE SERIOUS CRIMINAL OFFENCES. judge Zainon is a criminal; and it is my life's work to bring her to justice. True if this situation had taken place in Singapore, all these miscreants will go straight to jail including Judge Zainon; but in Malaysia, IT IS THE INNOCENTS AND WHISTLE BLOWERS WHO ARE PUT IN JAIL WHILE CRIMINALS LIKE JUDGE ZAINOON ARE ALLOWED TO ROAM FREE TO CORRUPT THE NATION'S JUDICIAL AND LEGAL SYSTEM.
I tried to retain a good Malay Lawyer to prosecute Judge Zainon for her criminal behaviour and criminal actions but no MALAY LAWYER WHO IS BRIEFED ON MY CASE WILL EVEN SO MUCH AS TALK TO ME ON THE PHONE. Raja Aziz says he is retiring, Art Harun ran away, and Zainal Abiddin is perpetually in CONFERENCE, Mr Gobin Singh Deo, gave me the run around(called him 9 times, but each time to call back later). I do not think any lawyer will have the balls to prosecute Judge Zainon. In these circumstances I will set out in detail what I want to charge this bunch of criminals and thugs with having committed UNDER THE DIRECTIONS AND LEADERSHIP OF JUDGE ZAINON, and I maintain that it is only because of the protection provided by Judge Zainon as the High Court Judge who has CHARGE OF THE COURT PROCESS OF MY WIFE'S PETITION that she had been able to PERPETRATE A CONSPIRACY PRO-ACTIVELY PARTICIPATED BY ALL THE PARTIES, RESPONDENTS, JUDGE ZAINON AND ALL THE LAWYERS REPRESENTING ALL THE LITIGANTS INCLUDING MY WIFE'S COUNSEL, MR DAVID WHO WERE EMBOLDENED BY THE PROTETION OF JUDGE ZAINON TO COMMIT THE CRIMINAL OFFENCES THAT I HAVE RECOUNTED ABOVE.
I SAY TO THE ATTORNEY GENERAL, THE CHIEF JUSTICE AND ALL THE LAW OFFICERS AND JUDGES WHO HAVE RECEIVED MY LETTER-FAX; THAT IF YOU HAVE ANY BALLS, YOU WILL HAVE SUFFICIENT SELF RESPECT TO CHARGE ME FOR SEDITION OR CRIMINAL DEFAMATION. I give to you all my assurance that if you will charge me under the Penal Code and under that fucking NONSENSE OF ISA SHIT ! I will come at my own expense to defend myself in KL.
 
Sincerely,
yapchongyee
 
 
 
 
 
 
 

Letter from Yapchongyee to President & Secretary of Malaysian Bar Council

Yap Chong Yee,
5a Prinsep Road, Attadale, WA. 6156
Email : yapchongyee@Gmail.com
Tel. (08)6161 3661
Date :9 Sept., 2009
Letter to President & Secretary of Malaysian Bar Council
 
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
Dear Sirs,
I believe my earlier letter to President, Secretary and members of Malaysian Bar and sent by Email had ONLY HALF of my letter because of a glitch in my computer at the time when I Emailed the letter; however, I am now Emailing the redrafted letter of the earlier letter.
I am making a complaint charging Mr David Hoh of M/s Lim and Hoh for Professional misconduct. Mr David Hoh acted as Counsel for my wife in her Petition cited above, Trouble began when Judge Zainon asked Mr. David Hoh to enquire off my wife if my wife would agree to withdraw my wife's application to cross examine, Respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Banfor perjury. My wife had applied for leave to cross examine these parties for PERJURY, annexing to her application police reports that I had made at the Balai Polis, Jln.TUN HS Lee.. I instructed Mr David Hoh not to withdraw the application to cross examine. I discussed Judge Zainon binti Mohd. Ali's IMPROPER CONDUCT WITH JUDGE MOKHTAR SIDIN (prior to his retirement) because I wanted someone with credibility to know of the misconduct of Judge Zainon. Inspite of our refusal to withdraw to accommodate Judge Zainon's criminal interference in the court process of said Petition, JUDGE ZAINON went on to approve Respondents application.
My complaint against Mr David Hoh are the following :
(a)Mr David Hoh has over 2 and a 1/2 year consistently REFUSED TO RESPOND to our many attempts to communicate with him (by all means). He has refused to state his position vis-a-vis his continued retainer as our solicitor or Counsel. He has refused to respond to our request to surrender the file of said Petition IF HE HAS DISCHARGED HIMSELF.
(b)He filed an appeal against my instructions. I had instructed him to apply to set aside the illegal & unlawful order made by Judge Zainon INSTEAD OF A USELESS APPEAL. Only a LAW illiterate in the circumstances would appeal against an illegal & unlawful order. Judge Zainon had ABUSED HER POWERS BY APPROVING 2 FUCKING OPPOSING ORDERS; therefore, begs the question, NOW THAT THE ORDER TO STRIKE OUT HAS TAKEN EFFECT, what is to become of the order for security for costs, which my wife had complied by payment of Rm.60,000 ? Considering that Petition having been struck out, THE FUCKING TRIAL NEVER BEGAN, therefore where is the costs; and by the same token, Respondents are now holding money OBTAINED UNDER FALSE PRETENCES, and Mr David is one of the "trustee" of the joint A/c holding money obtained under false pretences; the Rm.60,000 plus Rm.20,000 paind by my wife towards SECURITY FOR COSTS.
(c)What is the justification for Mr David Hoh to hold on to the file HAVING DE FACTO DISCHARGED HIMSELF BY REFUSING TO RESPOND TO OUR ATTEMPTS TO COMMUNICATE WITH HIM PROFESSIONALLY ? NOTE :I will paste below two letters, whose contents are self evident in the context of my official complaints, (1) by my daughter Yap Ai-Mei and power of attorney of Petitioner (2) Letter to Mr SF Leow.
I had discussed my problem with Dato Mohd. Raus and he had suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, Mr Stephen Lim Cheng Ban, HAVING ACCEPTED HIS SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT; and of all the IMPROBABLE INSANITY, judge Zainon binti Mohd. Ali APPROVED Stephen Lim Cheng Ban's application to strike out even before any application to set aside the earlier ORDER FOR SECURITY FOR COSTS WAS MADE OR EVER MADE. Such is the law illiteracy of Judge Zainon.
THIS NONSENSE perpetrated by Judge Zainon has now created, A FARCE, and a Malaysian Judicial precedent (being a high Court decision) that if a litigant who is dissatisfied or unhappy with the High Court's award of the quantum for security for costs, CAN PROCEED TO OBTAIN A 2ND ORDER FOR STRIKING OUT FOR SHOWING NO CAUSE OF ACTION; that being the case, there are now 2 opposing orders being (a) order for security for costs and Petitioner having paid Rm.60,000 pursuant to order for security for costs (b) Order to strike out said Petition; BOTH ORDERS ARE LIVE ORDERS AS THEY NOW STAND. Quite apart from such a "belly aching farce" as perpetrated by Judge Zainon arising from her obvious LAW ILLITERACY, her actions DISPLAY a total absence of both common sense and a total absense of logic. Judge Zainon has the common sense to think that it is both feasible TO FUCKING HAVE TO CAKE AND EAT IT TOO.
Judge Zainon being a Judge serving on the Bench of the Court of Appeal, and displaying such a disgraceful absense of any learning of the LAW, has made the Malaysian Judiciary, the laughing stock of all of English Common Law jurisdictions in the world. Judge Zainon binti Mohd. Aliin these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew no response.
I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.
 
Sincerely
 
Yap Chong Yee
 
 
 
 
Letter to Mr SF Leow !
Hello SF !
I wish to thank you for speaking to Frank and removed the log jam existing between him and me; and for the life of me I still am mystified as to what has caused this umbrage. I believe that I have no issues that need to be settled between him and me and I shall be very happy for him to state what it is that has made suficiently unhappy to the extent that he is willing to sacrifice his professional reputation to damage my wife's case.
I will be glad if this message can be forwarded to him and invite his comment.
I will have to assume that my frequent attacks on Judge Zainon is the cause of friction, but as he had stated to you, Lim & hoh's client is my wife, therefore, under what basis CAN FRANK HOLD HOSTAGE MY WIFE'S INTERESTS FOR MY PERSONAL CONDUCT. I have written enough to argue charges against Judge Zainon with perpetrating criminal conduct and to have by her judicial actions participated, in a conspiracy to pervert the course of justice, obstructing to police investigation, obtaining money under false pretenses and much more.
Judge Zainon had committed criminal offences in abusing her judicial office IN ORDER TO PROTECT STEPHEN LIM CHENG BAN, WONG KEM CHEN, AND KWONG SEA YOON FROM CRIMINAL PROSECUTION for fabricating evidence, forgery, perjury and much more.
I do not quite understand why, Lim & Hoh have held themselves "incommunicado" because to my thinking, the path to final judgment in our favour in already indisputable on this basis :
(1)Stephen Lim's supporting affidavit by HAD DISCLOSED a legal defense; that in and of itself means there is a defense in the opinion of the respondents; that being the case, Judge Zainon has no judicial powers to over-ride the opinion of Stephen Lim. I recommend that Frank Hoh read the "WHITE BOOK" on the issue of "strike out for showing no cause of actions.
(2)the correct application in this situation is to apply to "SET ASIDE" Zainon's illegal and unlawful ORDER.; illegal because Judge Zainon as a High Court Judge, must know that Stephen Lim's affidavit CAN BE CONTRUED AS EVIDENCE(they are inadmissible as evidence and Judge Zainon approved the application with knowledge that they are not admissible accroding to the law of evidence).
(3)Stephen Lim alledged that my wife sold the alledged shares. Petitioner's pleading says no company resolutions nor any share certificate had ever been issued ever; that means no share of any kind, EXCEPT FOR THE TWO PROMOTERS' SHARE EXIST IN THE COMPANY. That being the case THE BURDEN OF PROOF LIES WITH STEPHEN LIM TO PROVE THAT HIS ALLEDGED SHARES ISSUED TO MY WIFE "EVER EXISTED AT ALL AS VALID SHARES. ( refer to case of Kelapa Sawit, (Telok Anson 1991 Ct of App).
(4) This means that Stephen Lim will have TO TRACE THE LEGALITY AND VALIDITY OF THE ALLEDGED SHARES FROM THE VERY BEGINING. I know that Stephen Lim fabricated the evidence; therefore respondents' case cannot be proven.
(5)I wish both Frank & David to read this message.I have thought through this issue and I say to David THAT MY WIFE HAS NO NEED TO DISPROVE THAT THE ALLEDGED SIGNATURE IS NOT HERS, BECAUSE THAT IS NOT THE ISSUE IN THE CONTEXT OF OUR PLEADING. The true issue is WHETHER THE ALLEDGED SHARES THAT STEPHEN LIM HAD DEPOSED TO AS BELONGING TO MY WIFE WAS IN FACT REAL AND VALID SHARES AT ALL. We know that they are not !
I confess that I do not understand what it is behind the conduct of Lim & Hoh. At this point there is no Judge Zainon to pervert the course of justice, THE END GAME IS STARING LIM & HOH IN THE FACE, and why is it that they will destroy our victory.
Just based on the 30% retainer, my security for costs will have reached Rm.80,000 and on 30% there is already a cool Rm.24,000 fees due to Lim & Hoh. THROW IN OUR CLAIM IN DAMAGES AGAINST ALL THE 6 RESPONDENTS FOR WRONGFUL RETENTION OF MONEY OBTAINED UNDER FALSE PRETENSES (I have all along stated as true that I borrowed Rm.60,000 from my daughters at 30% compound interests over 10 years plus); not to mention what will come out of taking over McLarens !
WHY DOES LIM & HOH WANT TO THROW AWAY ALL THAT OVER A ROW THAT EVEN TILL TODAY, I DO NOT KNOW WHAT IT IS THAT HAS MADE FRANK SO MAD !
I am sending this message to you hoping that you will forward this to Frank Hoh & his son.
I have emailed my draft and I will have Ai-Mei, Email her letter that was sent to Lim & Hoh after she had added her correction. I never like to read my draft _too lazy ! La !
Joe Yap
 
Hello Frank Hoh, The above letter had been Emailed to Siak Fah. I hope for us to least speak to each other. I hear Stephen Lim is on his last legs; and by that I believe it is urgent to decide what to do.
Frank read my letter and think about it. We will win because Respondents cannot change their defense. Joe Yap
 
Letter from Yap Ai-Mei to M/s Lim & Hoh
Yap Ai-Mei,\par
5a Prinsep Road, Attadale,\par
PERTH,\par
Western Australia.\par
Dated\par
M/S Lim & Hoh,\par
Solicitors,
Ming Building,
Jalan Bukit Nanas, KL.
Dear Sirs,
Re : Originating Petition No. D2-26-41 OF 2001 ; \par
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd \par
\par
I am power of attorney for Petitioner, and I refer to the telephone conversation discussion between, your Mr Frank Hoh and Mr Leow Siak Fah, dated Thurs.14/Aug./2009,a mutual friend of Frank Hoh and my father Joe Yap, on the above matter. For the purpose relevant to issues arising from the above matter set out above, it is sufficient to state the following \par
facts :\par
(1)that M/s Lim & Hoh does not want to represent Petitioner, Mrs. Yap Choi Yin.\par
(2)that M/s Lim & Hoh had communicated their intention or tried to communicate their intention TO DISCHARGE THEMSELVES FROM ANY FURTHER REPRESENTATION OF PETITIONER. No date was given as to their withdrawal of legal representation.\par
(3)that M/s Lim & Hoh will RETURN THE CASE FILE TO PETITIONER.\par
(4)that M/s Lim & Hoh will only speak to my father on condition that my father has a power of attorney, from my mother.In response to the above facts I wish to state that it is only relevant to make the following statements :\par
(1)that both my father and I, as power of attorney for my mother/Petitioner had written, faxed and telephoned countless times to attempt to find out the status of both the progress of the said petition and the ongoing OR LACK OF FURTHER LEGAL REPRESENTATION BY YOUR FIRM; BUT BOTH OF US DREW NO RESPONSE; and that this comedy has gone on for at least 2 and a half years. It is only now that Mr Leow Siak Fah is able to tell us that M/s Lim & Hoh has discharged themselves and will return the case file to us. We had no prior communication of any kind on this development.\par
(3)My father and I had instructed M/s Lim & Hoh NOT TO FILE ANY APPEAL AGAINST JUDGE ZAINON BINTI MOHD. ALI'S ILLEGAL ORDER TO STRIKE OUT, When MY MOTHER HAD COMPLIED with jUDGE's Order to pay Rm.60,000 towards SECURITY FOR COSTS AND WHEN THIS ORDER FOR SECURITY FOR COSTS HAD NOT BEEN SET ASIDE BEFORE jUDGE MADE SECOND AND OPPOSING ORDER TO STRIKE OUT; but inspite of our many desperate attempts to stop you from filing any appeal, you went on to file an Appeal against our instruction and in so doing and your firm's NON RESPONSE TO OUR MANY ENTREATIES to apply INSTEAD to "SET ASIDE" THE ILLEGAL ORDER TO STRIKE OUT, YOU HAVE BY YOUR ACTIONS OBSTRUCTED THE PROGRESS OF SAID PETITION FOR THE SAID PERIOD.\par
(4)I am a practising solicitor in Perth, and wish to add that if what Mr Leow Siak Fah told to my father is true (and there is no reason to doubt him), then your actions are professionally questionable. In the situation that we find ourselves in, as my mother's solicitors, you are professionally required to settle the issue of your legal representation and return the case file if you no longer want to represent us. Let me be clear on any issue that you might to claim to have a solicitor's "LIEN" ON THE CASE FILE, IT WAS AGREED THAT FEES PAYABLE TO M/S LIM & HOH IS BASED ON 30% OF ALL MONEY RECOVERED (NO MONEY RECOVERED MEANS NO FEES CHARGABLE). In this situation, it is my opinion that on the day that you decide NOT TO WANT TO FURTHER REPRESENT US YOU ARE REQUIRED TO SETTLE THIS ISSUE OF SOLICITOR AND CLIENT, AND YOU HAD FAILED TO ACT RESPONSIBLLY.\par
(5)I wish to advise you that my father intends to send copies of my letter to (a)Mr Leow Siak Fah, President and secretary of Malaysian Bar; and you can please confirm with Mr Leow if what I state here, which at this point can only be allegations and are subject to correction. I will accept without conditions if Mr Leow will correct what has been represented by my father as what was said by Mr Leow as the truth.\par
(6)IF M/S LIM & HOH HAS DISCHARGED THEMSELVES, THIS IS THE TIME TO WRITE TO ME BY REGISTERED POST STATING THAT YOU NO LONGER WANT TO ACT FOR US. IF YOU STILL BELIEVE THAT YOU ARE STILL ACTING FOR US, THEN TAKE NOTICE THAT YOU ARE INSTRUCTED TO WITHDRAW THE APPEAL THAT YOU HAD FILED "AGAINST OUR EXPRESSED INSTRUCTIONS.\par
(7)Take notice that you have not sent any copy Of Judge Zainon's ILLEGAL ORDER TO STRIKE OUT; I WANT A COPY OF THE ILLEGAL ORDER AND A COPY OF THE JUDGMENT; HOW DO YOU APPEAL WITHOUT JUDGMENT ? For my own peace of mind, will you also send to me a copy of the APPEAL THAT YOU HAVE FILED.\par
(8)ALL ALLEGATIONS THAT ARE STATED BY MY FATHER CAN BE VARIFIED BY HIS WEBSITE AT http://yapchongye.blogspot.com, because the dates of logging in cannot be changed on the blog. \par
\par
\par
Your's sincerely,\par
\par
\par
Yap Ai-Mei.\par
\par
COPY\par
(1)LEOW SIAK FAH,\par
(2)PRESIDENT & SECRETARY, MALAYSIAN BAR COUNCIL.\par
\par
\par
\tab\par
}
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

LETTER FROM YAPCHOIYIN TO M/S LIM & HOH

Yap Choi Yin
5a Prinsep Road, Attadale,
Western Australia, 6156,
To, M/s Lim & Hoh,
Dear Sirs !
Re: Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
The content of your letter is most surprising to me, considering that my husband has been dealing with all matters relating to my said Petition against M/s McLarens Saksama Sdn. Bhd. However, there is no need to split hairs, but I need to make respond to your letter on these
issues :
(1)did you withdraw my application to cross examine respondents, (a)Mr. Stephen Cheng Ban,
(b)Mr. Wong Kem Chen (c)Mr Kwong Sea Yoon(representing M/s McLarens)as their company Secretary ?
(2)Did you not by letter inform me that every time my husband writes to the Chief Justice, or to the public at large by letter-fax, either insulting Dato Zainon binti Mohd. Ali or complaining to the Chief Justice, of the conduct of Judge Zainon binti Mohd. Ali the latter (Dato Zainon) would haul up Mr David for chastisement; at this point, will you confirm that Mr David's withdrawal of my application for leave to cross examine said 3 respondents mentioned above, on the contents of their supporting affidavits ANNEXED TO THEIR RESPECTIVE APPLICATIONS FOR SECURITY FOR COSTS, was not withdrawned as a consequence of pressure applied by Dato Zainon ?
I want to confirm that my husband had admitted to me that he had consented to Mr David's suggestion that we withdraw my application to cross examine said Respondents( BY THE WORDS OF MR DAVID, "TO CLEAR THE DECKS") mentioned above, because Mr David believes that the continued existence of my application to cross examine said respondents is the cause of Judge Zainon's persistent and continued postponement of the hearing of my petition for over a period of at least 2 years, FROM THE DATE OF MY PAYMENT OF RM.60,000 PURSUANT TO THE ORDER FOR SECURITY FOR COSTS, APPROVED BY JUDGE ZAINON and for no reason at all since the respondents nor I as petitioner had ever asked for any postponements. Let it be said that although my husband had endorsed Mr David's action to withdraw my application, he (Mr David) must realise that he is my counsel and not my husband, who has not practised law for 40 years. Mr David holds total professional responsibility for his actions relating to the conduct of my petition.
(2)now that by your letter, dated 7 Sept., 2009, received this morning, I AM TO UNDERSTAND THAT YOU STILL ACT FOR ME, AND I ACCEPT and wish to thank you very much for your kindness and I wish to confirm that you are still acting for me on the terms, endorsed by me "as the contractual terms of our retainer" on the back of the copy of my petition and kept by you as evidence of the basis of our retainer.
(3)I now instruct you as my solicitors TO WITHDRAW THE APPEAL THAT HAS BEEN FILED BY YOUR FIRM ON MY BEHALF WITH IMMEDIATE EFFECT; and to instead apply to set aside the ORDER FOR STRIKING OUT OF MY PETITION. My husband has written an opinion that Judge ZAINON'S order for striking out of my petition is illegal and unlawful. I enclose a copy for your consideration. You are free as my solicitors to accept his opinion or dismiss it as you wish. However, my husband had spoken to Dato Mohd. Raus Sharrif, on the comedy of Judge Zainon's APPROVAL of 2 opposing orders for security for costs and even without so much as an order to set aside said order for security for costs WENT ON TO APPROVE AN ORDER FOR STRIKING OUT.
Dato Mohd. Raus Shariff had asked me to apply for the setting aside of Zainon's Order for striking, but I told him that Dato Zainon may have put in place A DETENTION ORDER UNDER THE ISA and that I will be detained and my effort will be in vain; Dato Mohd. Raus. Shariff, then suggested that I ask our solicitors M/s Lim & Hoh to go see him; BUT WHEN ATTEMPTS WERE MADE BY MY HUSBAND TO CONTACT M/S LIM & HOH, my husband was kept incommunicado.
It is good and I thank you that you have stated that you "act and will only take instructions from me", so by that acknowledgement, please do act according to my instructions UNLESS YOU HAVE STATED REASONS WHY MY INSTRUCTIONS WILL NOT produce the best legal out-come for my case; in which case please write to me and state your objections.
I wish to say to Mr Frank Hoh that my husband bear him no ill will. My husband find the pervertion of the course of justice abhorrent, and will not shrink from pursuing JUSTICE ACCORDING TO LAW. I say to Mr Frank Hoh, WHAT HAS JOE YAP DONE TO YOU. You can write to me and we will publish it to the public at large by letter-fax, EXACTLY AS YOU WILL WRITE IT.
Please be kind enough to send to me copy each of (1) SECURITY FOR COSTS, (2) ORDER FOR STRIKING OUT OF PETITION.
Yap Choi Yin,
 
 
 
Copy to President Malaysian Bar,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Thursday, September 10, 2009

jUDGE zAINON PARTICIPATED IN A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE

Dear Art Harun !
I paste below my opinion why "NO COSTS CAN ATTACH TO MY SECURITY FOR COSTS ARISING FROM A STRIKE OUT, because security for costs is paid contingent to Petitioner loosing at a trial ! This payment BY US of security for costs is tied up to a TRUST and the trust requires that payment can only be disbursed AGAINST A PROPERLY TAXED BILL OF COSTS !
I wrote this opinion in preparation if an application to set aside the order for striking out is to be made.
Opinion on the issue whether Judge Zainon binti Mohd. Ali had participated in a conspiracy to OBTAIN MONEY UNDER FALSE PRETENSES.
I submit that Judge Zainon binti Mohd. Ali had pro-actively participated in a conspiracy to obtain money under false pretenses. At the first hearing of our petition Judge Zainon had improperly interfered in the proceedings by asking my wife to withdraw her application for leave to cross examine, KC Wong, Kwong Sea Yoon and Stephen Lim for PERJURY.
I submit that Judge Zainon had from the very begining intended to strike out my wife's petition by asking my wife to withdraw her application for leave to cross examine the respondents listed above; and when we refused, judge Zainon disregarded our submission supporting our application for leave to cross examine. She went on to award security for costs inspite of our charge against the above 3 respondents for perjury.
It is important to bear in mind that Respondents had applied for security for costs in the sum of Rm.650,000, but that Judge Zainon had reduced of her own accord to the sum of Rm.60,000. which my wife had paid into the hands of Respondents' solicitors. It must also be borne in mind that respondent Stephen Lim Cheng Ban had made his application to strike out said petition AFTER MY WIFE HAD PAID UP RM.60,000. This point is crucial because Respondents had 1st applied for security for costs and only later did they apply for order to strike out. I say this point is important because, by their earlier application for security for costs, RESPONDENTS HAD ACCEPTED THAT THEY HAVE A CASE TO ANSWER AND THEIR SUPPORTING AFFIDAVIT DECLARED THAT PETITIONER HAD TRANSFERED HER ENTIRE SHARE PORTFOLIO.
At this point there is a dispute because my wife's cause of action IS THAT NO SHARES WERE EVER ISSUED EXCEPT FOR THE 2 SINGLE PROMOTERS' SHARE ISSUED TO PETITIONER AND MR STEPHEN LIM AS PROMOTERS.
Having set out the background conditions that will define the actions of Judge Zainon and her co-conspirators as PERPETRATORS OF THE OFFENCE OF OBTAINING MONEY UNDER FALSE PRETENSES; I will move on to submit my opinion based on the following points of arguements. :
(1)As stated at the opening of this submission, The actions of Judge Zainon is evidence that she had already made up her mind to strike out, hence she crafted her order for security for costs to be paid into the hands of solicitors for respondents INSTEAD OF PAYMENT INTO COURT AS PROVIDED BY THE RULES OF CIVIL PROCEDURE. My submission is that from this point on, every step of the way that Judge Zainon had taken show and constitutes "the hand cuffs" that will convict Judge Zainon for having perpetrated the following crimes :
(a) Conspiracy to commit "Judicial" Malfeasance in office,
(b) Aidding and Abetting and pro-actively participated in a conspiracy to commit both perjury & forgery,
(c) Pro-actively participated in a conspiracy to pervert the course of justice,
(d) Pro-actively participated in a conspiracy to fabricate evidence,
(e) Pro-actively participated in a conspiracy to obtain money under false pretences.
I will begin with my charge that Judge Zainon had committed "judicial " Malfeasance, aidded and abetted by the solicitors for the Respondents in particular the solicitors' firm of M/s Annad & Noraini, of Jln. Yap Ah Shak, KL, and solicitors for Petitioner, namely M/s Lim & Hoh of Ming building, Jln. Bt. Nanas, KL.
SUBMISSION
I will leave out (for the moment) my charge against Judge Zainon putting undue and illegal PRESSURE on my wife's solicitors, M/s Lim & Hoh to withdraw my wife's application to cross examine, KC Wong, Stephen Lim and Kwong Sea Yoon for Perjury. I will come to this later.
I come now to my main issue to support my submission that Judge Zainon and the parties named above for jointly perpetrating the crime of Malfeasance, Conspiracy to pervert the course of justice together with the other criminal offences that were set out above. I submit that Judge Zainon had fallen into the grave that she had dug for herself out of sheer IGNORANCE OF THE LAW AND ALSO BECAUSE SHE DOES NOT HAVE THAT REQUIRED MINIMUM OF LOGICAL THINKING. She has been elevated to the highest level of the Malaysian judiciary OVER HER FUCKING HEAD.
MY SUBMISSION IS BASED ON THE FACT THAT JUDGE zainon HAD 1ST APPROVED SECURITY FOR COSTS AND WHEN RM.60,000 WAS PAID PURSUANT TO HER ORDER FOR SECURITY FOR COSTS, SHE WENT ON TO APPROVE A 2ND AND CONTRADICTING ORDER TO STRIKE OUT EVEN WITHOUT AN ORDER TO SET ASIDE THE 1ST ORDER FOR SECURITY FOR COSTS..At this point pray tell me Mr Yap Chong Yee, why do you say Judge Zainon had committed the several criminal offences ?
To understand my arguements JUST CONSIDER THE LOGIC, LAW AND THEIR INTER-RELATIONSHIPS. :
(a)Order for security for costs is paid and accepted by all Respondents through their solicitors to BE HELD IN A JOINT ACCOUNT IN THE NAMES OF M/S ANNAD & NORAINI AND MY WIFE'S SOLICITORS M/S LIM & HOH. Remember that this joint account is held jointly by Respondents' solicitors and my wife's solicitors M/s Lim & Hoh. Remember THAT THIS IS A FUCKING TRUST ACCOUNT AND THE MONEY IS TO BE DISBURSED BY AND ACCORDING TO A FUCKING TAXED BILL OF COSTS ! The Rm.60,000 is not fucking costs, IT IS INSTEAD "SECURITY FOR COSTS" and their disbursement is for costs ARISING FROM A FUCKING TRIAL ONLY AND NOTHING ELSE.
(b)I believe Judge Zainon (through her own ignorance of the law and having no fucking logic) thought she can hand this security for costs AS FUCKING COSTS, hence her order to strike out is made "IN TERMS" meanig to declare that Petitioner had lost and hence Respondents can FUCKING KEEP THE SECURITY FOR COSTS AS COSTS.
As I said Judge Zainon has no logic and knows no fucking law. I made it abundantly clear that the Rm.60,000 is held in trust to disburse COSTS ARISING OUT OF A TRIAL, and therefore no trial NO FUCKING COSTS. At this point a very prominent lawyer said to me that the striking can incur costs. Yes, that is possible but if the adage relating to costs IS "COSTS FOLLOWS TRIAL" then a strike out cannot attract disbursements out of security for costs. He says that a STRIKE OUT MEANS PETITIONER HAS LOST ! This cannot be right because TO LOOSE IS TO LOOSE ON A POINT OF LAW, BUT A STRIKE OUT MEANS THERE ARE NO POINTS OF LAW; THEREFORE HOW CAN ANY LITIGANT SAY HE WON OR LOST. The Petition is a nullity there is nothing for the court to decide, HOW CAN THAT BE SAID TO BE A LOST ? However, the crux of my submission is that the JOINT ACCOUNT CAN ONLY BE ACCESSED BY A BILL OF COSTS ARISING OUT OF A TRIAL THAT HAS TAKEN PLACE AND PETITIONER HAS LOST TO THE RESPONDENTS. Such is not the case here. I say to Respondents and to Judge Zainon that if you want to get at my security for costs now Rm.80,000 with interests accrued. THEN YOU WILL HAVE TO SHOW MY A BILL OF COSTS INCURRED IN A TRIAL. CAN YOU FUCKING DRAW A BILL OF COSTS WITHOUT trial ? Remember there is a TRUST TIED TO THAT SECURITY FOR COSTS, AND CRIMINAL CONSEQUENCES IF YOU ABUSE YOUR LEGAL RESPONSIBILITIES.
(b)THIS IS THE INTERESTING PART.
While Judge Zainon's order to strike out remains FUCKING ACTIVE and it is, it will mean that respondents WILL BE CRIMINALY LIABLE FOR HOLDING MONEY OBTAINED UNDER FALSE PRETENSES. WHY ? It is so because I have instructed M/s Lim & Hoh not to accept the refund of said security for costs; and that being the case, M/s Annad & Noraini CANNOT PAY THEMSELVES PURSUANT TO THE ORDER TO STRIKE OUT AND SINCE THERE IS NO TRIAL THERE CANNOT BE ANY ORDER FOR COSTS ! NO BILL OF COSTS CAN BE TAXED BECAUSE NO FUCKING TRIAL ! It all comes down to this one conundrum, Annad & Noraini and M/s Lim & Hoh are holding FUCKING "HOT BRICKS" and there is no way out except for a trial.
At this point of the case Judge Zainon and the respondents are holding money Rm.80,000 UNSANCTIONED BY LAW. OR SANCTIONED BY THE ABUSE OF JUDICIAL POWERS OF JUDGE ZAINON BY HER APPROVING 2 FUCKING OPPOSING ORDERS ! FUCKING MEANLESS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

LETTER TO PRESIDENT & SEC. MALAYSIAN BAR COUNCIL

Yap Chong Yee,
5a Prinsep Road, Attadale, WA. 6156
Email : yapchongyee@Gmail.com
Tel. (08)6161 3661
Date :9 Sept., 2009
Letter to President & Secretary of Malaysian Bar Council
 
Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
Dear Sirs,
I believe my earlier letter to President, Secretary and members of Malaysian Bar and sent by Email had ONLY HALF of my letter because of a glitch in my computer at the time when I Emailed the letter; however, I am now Emailing the redrafted letter of the earlier letter.
I am making a complaint charging Mr David Hoh of M/s Lim and Hoh for Professional misconduct. Mr David Hoh acted as Counsel for my wife in her Petition cited above, Trouble began when Judge Zainon asked Mr. David Hoh to enquire off my wife if my wife would agree to withdraw my wife's application to cross examine, Respondents, Mr Kwong Sea Yoon, Wong Kem Chen and Mr Stephen Lim Cheng Banfor perjury. My wife had applied for leave to cross examine these parties for PERJURY, annexing to her application police reports that I had made at the Balai Polis, Jln.TUN HS Lee.. I instructed Mr David Hoh not to withdraw the application to cross examine. I discussed Judge Zainon binti Mohd. Ali's IMPROPER CONDUCT WITH JUDGE MOKHTAR SIDIN (prior to his retirement) because I wanted someone with credibility to know of the misconduct of Judge Zainon. Inspite of our refusal to withdraw to accommodate Judge Zainon's criminal interference in the court process of said Petition, JUDGE ZAINON went on to approve Respondents application.
My complaint against Mr David Hoh are the following :
(a)Mr David Hoh has over 2 and a 1/2 year consistently REFUSED TO RESPOND to our many attempts to communicate with him (by all means). He has refused to state his position vis-a-vis his continued retainer as our solicitor or Counsel. He has refused to respond to our request to surrender the file of said Petition IF HE HAS DISCHARGED HIMSELF.
(b)He filed an appeal against my instructions. I had instructed him to apply to set aside the illegal & unlawful order made by Judge Zainon INSTEAD OF A USELESS APPEAL. Only a LAW illiterate in the circumstances would appeal against an illegal & unlawful order. Judge Zainon had ABUSED HER POWERS BY APPROVING 2 FUCKING OPPOSING ORDERS; therefore, begs the question, NOW THAT THE ORDER TO STRIKE OUT HAS TAKEN EFFECT, what is to become of the order for security for costs, which my wife had complied by payment of Rm.60,000 ? Considering that Petition having been struck out, THE FUCKING TRIAL NEVER BEGAN, therefore where is the costs; and by the same token, Respondents are now holding money OBTAINED UNDER FALSE PRETENCES, and Mr David is one of the "trustee" of the joint A/c holding money obtained under false pretences; the Rm.60,000 plus Rm.20,000 paind by my wife towards SECURITY FOR COSTS.
(c)What is the justification for Mr David Hoh to hold on to the file HAVING DE FACTO DISCHARGED HIMSELF BY REFUSING TO RESPOND TO OUR ATTEMPTS TO COMMUNICATE WITH HIM PROFESSIONALLY ? NOTE :I will paste below two letters, whose contents are self evident in the context of my official complaints, (1) by my daughter Yap Ai-Mei and power of attorney of Petitioner (2) Letter to Mr SF Leow.
I had discussed my problem with Dato Mohd. Raus and he had suggested that my solicitors take the matter up on appeal; I said that Mr David Hoh, my wife's counsel had already done that, AGAINST MY INSTRUCTION NOT TO APPEAL . I said that this was wrong because IF THERE IS ANY APPEAL IT SHOULD HAVE BEEN RESPONDENTS WHO SHOULD APPEAL, because it was respondent, Mr Stephen Lim Cheng Ban, HAVING ACCEPTED HIS SHARE OF SECURITY FOR COSTS, WENT ON TO APPLY TO STRIKE OUT; and of all the IMPROBABLE INSANITY, judge Zainon binti Mohd. Ali APPROVED Stephen Lim Cheng Ban's application to strike out even before any application to set aside the earlier ORDER FOR SECURITY FOR COSTS WAS MADE OR EVER MADE. Such is the law illiteracy of Judge Zainon.
THIS NONSENSE perpetrated by Judge Zainon has now created, A FARCE, and a Malaysian Judicial precedent (being a high Court decision) that if a litigant who is dissatisfied or unhappy with the High Court's award of the quantum for security for costs, CAN PROCEED TO OBTAIN A 2ND ORDER FOR STRIKING OUT FOR SHOWING NO CAUSE OF ACTION; that being the case, there are now 2 opposing orders being (a) order for security for costs and Petitioner having paid Rm.60,000 pursuant to order for security for costs (b) Order to strike out said Petition; BOTH ORDERS ARE LIVE ORDERS AS THEY NOW STAND. Quite apart from such a "belly aching farce" as perpetrated by Judge Zainon arising from her obvious LAW ILLITERACY, her actions DISPLAY a total absence of both common sense and a total absense of logic. Judge Zainon has the common sense to think that it is both feasible TO FUCKING HAVE TO CAKE AND EAT IT TOO.
Judge Zainon being a Judge serving on the Bench of the Court of Appeal, and displaying such a disgraceful absense of any learning of the LAW, has made the Malaysian Judiciary, the laughing stock of all of English Common Law jurisdictions in the world. Judge Zainon binti Mohd. Aliin these circumstances for Judge Zainon to approve his application for striking out. Dato Mohd. Rause then suggested that our solicitor should make an application to set aside the order for striking out on the grounds that it was an illegal order. I SAID I HAD ALREADY INSTRUCTED MR DAVID HOH TO APPLY TO SET ASIDE THE ILLEGAL ORDER, but that Mr David Hoh HAD MADE HIMSELF INCOMMUNICADO to my instructions and any attempt to communicate with him or his firm of M/s Lim & Hoh drew no response.
I also stated for a fact that Dato Zainon had applied pressure on Mr David Hoh and the actions of Mr David Hoh has been all calculated to disadvantage the prospect of my wife's petition. I also stated for a fact that because of the personal involvement of Judge Zainon, no lawyer in KL will represent our Petition.
 
Sincerely
 
Yap Chong Yee
 
 
 
 
Letter to Mr SF Leow !
Hello SF !
I wish to thank you for speaking to Frank and removed the log jam existing between him and me; and for the life of me I still am mystified as to what has caused this umbrage. I believe that I have no issues that need to be settled between him and me and I shall be very happy for him to state what it is that has made suficiently unhappy to the extent that he is willing to sacrifice his professional reputation to damage my wife's case.
I will be glad if this message can be forwarded to him and invite his comment.
I will have to assume that my frequent attacks on Judge Zainon is the cause of friction, but as he had stated to you, Lim & hoh's client is my wife, therefore, under what basis CAN FRANK HOLD HOSTAGE MY WIFE'S INTERESTS FOR MY PERSONAL CONDUCT. I have written enough to argue charges against Judge Zainon with perpetrating criminal conduct and to have by her judicial actions participated, in a conspiracy to pervert the course of justice, obstructing to police investigation, obtaining money under false pretenses and much more.
Judge Zainon had committed criminal offences in abusing her judicial office IN ORDER TO PROTECT STEPHEN LIM CHENG BAN, WONG KEM CHEN, AND KWONG SEA YOON FROM CRIMINAL PROSECUTION for fabricating evidence, forgery, perjury and much more.
I do not quite understand why, Lim & Hoh have held themselves "incommunicado" because to my thinking, the path to final judgment in our favour in already indisputable on this basis :
(1)Stephen Lim's supporting affidavit by HAD DISCLOSED a legal defense; that in and of itself means there is a defense in the opinion of the respondents; that being the case, Judge Zainon has no judicial powers to over-ride the opinion of Stephen Lim. I recommend that Frank Hoh read the "WHITE BOOK" on the issue of "strike out for showing no cause of actions.
(2)the correct application in this situation is to apply to "SET ASIDE" Zainon's illegal and unlawful ORDER.; illegal because Judge Zainon as a High Court Judge, must know that Stephen Lim's affidavit CAN BE CONTRUED AS EVIDENCE(they are inadmissible as evidence and Judge Zainon approved the application with knowledge that they are not admissible accroding to the law of evidence).
(3)Stephen Lim alledged that my wife sold the alledged shares. Petitioner's pleading says no company resolutions nor any share certificate had ever been issued ever; that means no share of any kind, EXCEPT FOR THE TWO PROMOTERS' SHARE EXIST IN THE COMPANY. That being the case THE BURDEN OF PROOF LIES WITH STEPHEN LIM TO PROVE THAT HIS ALLEDGED SHARES ISSUED TO MY WIFE "EVER EXISTED AT ALL AS VALID SHARES. ( refer to case of Kelapa Sawit, (Telok Anson 1991 Ct of App).
(4) This means that Stephen Lim will have TO TRACE THE LEGALITY AND VALIDITY OF THE ALLEDGED SHARES FROM THE VERY BEGINING. I know that Stephen Lim fabricated the evidence; therefore respondents' case cannot be proven.
(5)I wish both Frank & David to read this message.I have thought through this issue and I say to David THAT MY WIFE HAS NO NEED TO DISPROVE THAT THE ALLEDGED SIGNATURE IS NOT HERS, BECAUSE THAT IS NOT THE ISSUE IN THE CONTEXT OF OUR PLEADING. The true issue is WHETHER THE ALLEDGED SHARES THAT STEPHEN LIM HAD DEPOSED TO AS BELONGING TO MY WIFE WAS IN FACT REAL AND VALID SHARES AT ALL. We know that they are not !
I confess that I do not understand what it is behind the conduct of Lim & Hoh. At this point there is no Judge Zainon to pervert the course of justice, THE END GAME IS STARING LIM & HOH IN THE FACE, and why is it that they will destroy our victory.
Just based on the 30% retainer, my security for costs will have reached Rm.80,000 and on 30% there is already a cool Rm.24,000 fees due to Lim & Hoh. THROW IN OUR CLAIM IN DAMAGES AGAINST ALL THE 6 RESPONDENTS FOR WRONGFUL RETENTION OF MONEY OBTAINED UNDER FALSE PRETENSES (I have all along stated as true that I borrowed Rm.60,000 from my daughters at 30% compound interests over 10 years plus); not to mention what will come out of taking over McLarens !
WHY DOES LIM & HOH WANT TO THROW AWAY ALL THAT OVER A ROW THAT EVEN TILL TODAY, I DO NOT KNOW WHAT IT IS THAT HAS MADE FRANK SO MAD !
I am sending this message to you hoping that you will forward this to Frank Hoh & his son.
I have emailed my draft and I will have Ai-Mei, Email her letter that was sent to Lim & Hoh after she had added her correction. I never like to read my draft _too lazy ! La !
Joe Yap
 
Hello Frank Hoh, The above letter had been Emailed to Siak Fah. I hope for us to least speak to each other. I hear Stephen Lim is on his last legs; and by that I believe it is urgent to decide what to do.
Frank read my letter and think about it. We will win because Respondents cannot change their defense. Joe Yap
 
Letter from Yap Ai-Mei to M/s Lim & Hoh
Yap Ai-Mei,\par
5a Prinsep Road, Attadale,\par
PERTH,\par
Western Australia.\par
Dated\par
M/S Lim & Hoh,\par
Solicitors,
Ming Building,
Jalan Bukit Nanas, KL.
Dear Sirs,
Re : Originating Petition No. D2-26-41 OF 2001 ; \par
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd \par
\par
I am power of attorney for Petitioner, and I refer to the telephone conversation discussion between, your Mr Frank Hoh and Mr Leow Siak Fah, dated Thurs.14/Aug./2009,a mutual friend of Frank Hoh and my father Joe Yap, on the above matter. For the purpose relevant to issues arising from the above matter set out above, it is sufficient to state the following \par
facts :\par
(1)that M/s Lim & Hoh does not want to represent Petitioner, Mrs. Yap Choi Yin.\par
(2)that M/s Lim & Hoh had communicated their intention or tried to communicate their intention TO DISCHARGE THEMSELVES FROM ANY FURTHER REPRESENTATION OF PETITIONER. No date was given as to their withdrawal of legal representation.\par
(3)that M/s Lim & Hoh will RETURN THE CASE FILE TO PETITIONER.\par
(4)that M/s Lim & Hoh will only speak to my father on condition that my father has a power of attorney, from my mother.In response to the above facts I wish to state that it is only relevant to make the following statements :\par
(1)that both my father and I, as power of attorney for my mother/Petitioner had written, faxed and telephoned countless times to attempt to find out the status of both the progress of the said petition and the ongoing OR LACK OF FURTHER LEGAL REPRESENTATION BY YOUR FIRM; BUT BOTH OF US DREW NO RESPONSE; and that this comedy has gone on for at least 2 and a half years. It is only now that Mr Leow Siak Fah is able to tell us that M/s Lim & Hoh has discharged themselves and will return the case file to us. We had no prior communication of any kind on this development.\par
(3)My father and I had instructed M/s Lim & Hoh NOT TO FILE ANY APPEAL AGAINST JUDGE ZAINON BINTI MOHD. ALI'S ILLEGAL ORDER TO STRIKE OUT, When MY MOTHER HAD COMPLIED with jUDGE's Order to pay Rm.60,000 towards SECURITY FOR COSTS AND WHEN THIS ORDER FOR SECURITY FOR COSTS HAD NOT BEEN SET ASIDE BEFORE jUDGE MADE SECOND AND OPPOSING ORDER TO STRIKE OUT; but inspite of our many desperate attempts to stop you from filing any appeal, you went on to file an Appeal against our instruction and in so doing and your firm's NON RESPONSE TO OUR MANY ENTREATIES to apply INSTEAD to "SET ASIDE" THE ILLEGAL ORDER TO STRIKE OUT, YOU HAVE BY YOUR ACTIONS OBSTRUCTED THE PROGRESS OF SAID PETITION FOR THE SAID PERIOD.\par
(4)I am a practising solicitor in Perth, and wish to add that if what Mr Leow Siak Fah told to my father is true (and there is no reason to doubt him), then your actions are professionally questionable. In the situation that we find ourselves in, as my mother's solicitors, you are professionally required to settle the issue of your legal representation and return the case file if you no longer want to represent us. Let me be clear on any issue that you might to claim to have a solicitor's "LIEN" ON THE CASE FILE, IT WAS AGREED THAT FEES PAYABLE TO M/S LIM & HOH IS BASED ON 30% OF ALL MONEY RECOVERED (NO MONEY RECOVERED MEANS NO FEES CHARGABLE). In this situation, it is my opinion that on the day that you decide NOT TO WANT TO FURTHER REPRESENT US YOU ARE REQUIRED TO SETTLE THIS ISSUE OF SOLICITOR AND CLIENT, AND YOU HAD FAILED TO ACT RESPONSIBLLY.\par
(5)I wish to advise you that my father intends to send copies of my letter to (a)Mr Leow Siak Fah, President and secretary of Malaysian Bar; and you can please confirm with Mr Leow if what I state here, which at this point can only be allegations and are subject to correction. I will accept without conditions if Mr Leow will correct what has been represented by my father as what was said by Mr Leow as the truth.\par
(6)IF M/S LIM & HOH HAS DISCHARGED THEMSELVES, THIS IS THE TIME TO WRITE TO ME BY REGISTERED POST STATING THAT YOU NO LONGER WANT TO ACT FOR US. IF YOU STILL BELIEVE THAT YOU ARE STILL ACTING FOR US, THEN TAKE NOTICE THAT YOU ARE INSTRUCTED TO WITHDRAW THE APPEAL THAT YOU HAD FILED "AGAINST OUR EXPRESSED INSTRUCTIONS.\par
(7)Take notice that you have not sent any copy Of Judge Zainon's ILLEGAL ORDER TO STRIKE OUT; I WANT A COPY OF THE ILLEGAL ORDER AND A COPY OF THE JUDGMENT; HOW DO YOU APPEAL WITHOUT JUDGMENT ? For my own peace of mind, will you also send to me a copy of the APPEAL THAT YOU HAVE FILED.\par
(8)ALL ALLEGATIONS THAT ARE STATED BY MY FATHER CAN BE VARIFIED BY HIS WEBSITE AT http://yapchongye.blogspot.com, because the dates of logging in cannot be changed on the blog. \par
\par
\par
Your's sincerely,\par
\par
\par
Yap Ai-Mei.\par
\par
COPY\par
(1)LEOW SIAK FAH,\par
(2)PRESIDENT & SECRETARY, MALAYSIAN BAR COUNCIL.\par
\par
\par
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}