The Federal Court today dismissed the Malaysian Bar's application for leave to appeal against a decision which declared its 59th annual general meeting (AGM) - held without fulfilling the one-fifth quorum requirement - invalid.

Justice Pajan Singh Gill, Alauddin Mohd Sheriff and Nik Hashim Nik Ab Rahman unanimously denied the leave application, stating the court was convinced of the concurrent finding by the High Court and the Court of Appeal.

Pajan briefly reasoned that the leave application did not fall within the ambit of Section 96A of the Court of Judicature Act which among others stated that leave would only be granted when "...involving a question of general principle decided for the first time or a question of importance which furthers argument and a decision would be to public advantage".

The ruling meant that the Bar Council now has to hold a fresh AGM in order to validate the election of its officer bearers and all its decisions and resolutions made since the original meet on March 19, 2005.

The court saga on the quorum requirement started when senior lawyer Edward Van Buerle filed a motion with the High Court and successfully obtained a declaration that the March meet was 'null and void'.

The lawyer - who was among many senior members of the Bar who walked out from the original meet in protest - also obtained a declaration that the election of the Bar Council members and all resolutions and decisions passed were 'unlawful'.

The High Court's decision was then upheld by the Court of Appeal after dismissing an appeal from the Bar.

Time to move on

Meanwhile, former Bar secretary Ambiga Sreenevasan told the press that the office bearers would take urgent steps to implement the decision which compelled the Bar to hold the meeting within 30 days from the date of judgment.

"We will take urgent steps to call for the AGM as soon as possible. Possibly in the middle of the month or the latest by the third week of the month. The council members will have to meet first to set the date," she said when met at the Palace of Justice in Putrajaya.

She assured that the legality of the acts, decisions and resolutions made by the Bar will be rectified at the meeting.

Asked of the Bar's next course of action if the AGM failed to fulfill the quorum requirement again, Ambiga - who was elected as vice-president in the March meet - said the council had no choice but to keep calling for meetings until the quorum is fulfilled.

"We hope that all members of the Bar will make attempts to attend the AGM so that the business of the Bar can proceed normally. I m sure members will rally around to ensure that quorum is met. We need to move on from here," she added.