Accountant’s injunction extended to stop MIA’s disciplinary action

Accountant’s injunction extended to stop MIA’s disciplinary action

Injunction extended after the presiding judge allows the defendants’ request for more time to file an affidavit.

Justice Nik Hasmat Nik Mohamad has extended an ad-interim injunction granted to accountant A Sundarasan until the inter-partes hearing of his injunction application on Oct 23.
KUALA LUMPUR:
The High Court has extended an ad-interim injunction granted to an accountant-cum-auditor against the Malaysian Institute of Accountants (MIA) and two others, suspending disciplinary proceedings against him.

Lawyer R Thayalan, who represents A Sundarasan, said Justice Nik Hasmat Nik Mohamad made the order after the defendants requested time to file an affidavit in reply.

“They have been given until June 28 to do so and the inter-partes hearing is fixed on Oct 23.

“The ad-interim injunction is extended until the hearing date,” he told FMT after online proceedings today.

The directions were issued after lawyer Dawn Wong, who represented MIA, its practice review committee chairman Soo Hoo Kean Yean and the MIA registrar Azmi Ali, applied for an extension of time.

Thayalan said he had no objections to the request.

Sundarasan, who filed the suit on May 31, is challenging the validity of MIA by-laws which regulate the profession and says they must be approved at an annual general meeting.

He said the present by-laws were created by the MIA council.

In 2021, he was subjected to disciplinary proceedings for not revealing confidential data of clients during a practice review exercise by MIA.

He said he was reluctant to do so as he did not obtain the clients’ consent.

Last December, an MIA investigating committee dismissed the complaint by the practice review committee chairman.

However, the new committee chairman, Soo Hoo, filed an identical complaint against Sundarasan in March.

Sundarasan wrote to the MIA registrar calling for the withdrawal of the complaint, which he said was made in bad faith. He also said the proceedings were tantamount to double jeopardy.

However, the registrar informed the plaintiff of his decision to proceed with the complaint, resulting in Sundarasan filing the suit.

Sudarasan is seeking declarations that the present by-laws are null and void and that the complaint notice issued against him in March is unenforceable.

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