Debate VS submission in Court

What’s the difference? What is debate? [1] According to the Oxford English Dictionary, debate is “a formal discussion on a particular matter in a public meeting or legislative assembly, in which opposing arguments are put forward and which usually ends with a vote.” A debate is often conducted with a moderator and an audience, in addition to the debate participants. [2] Logical cRead More…

About S33A and 33B Insolvency Act and Case Law

The Act in brief [1]
S33A of Insolvency Act confers the power of discharge of bankrupt to Director
General of Insolvency (DGI). The section says that as the DGI may, in his
discretion but subject to section 33B, issue a certificate discharging a
bankrupt from bankruptcy after five years of the adjudgment of bankruptcy
order. [2]
A notice of his intention to issue the certificate should be Read More…

What comes after liquidation

Does the company cease operations immediately? [1]
A company can enter into liquidation procedure in two manners, by voluntary liquidation andmembers’ voluntary
winding up (Section 432(2)(a) of the Companies Act 2016);creditors’ voluntary
winding up (Section 432(2)(b) of the Companies Act
2016) compulsory liquidation (Section
464 of the Companies Act 2016). [2]
In each circumstance, Read More…

Closure of Kedah Courts in conjunction with EMCO 11 Sept 2020

Please note that Kedah courts will be closed. The following notice is from the Bar Council dated 11 September 2020. To Members of the Malaysian Bar and pupils in chambers, Court-Related Matters During the Administrative Enhanced Movement  Control Order (“EMCO”) in Alor Setar, Kedah We draw Members’ attention to the
announcement by the Senior Minister (Security Cluster) and DefencRead More…

TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) BILL 2020

The Bill, tabled by Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan for first reading at the Dewan Rakyat on Wednesday (Aug 13), is to support the Prihatin Rakyat Economic Stimulus Package, Prihatin SME Economic Stimulus Package and the Short-Term Economic Recovery Plan announced recently by the Prime Minister. The Bill, if approved, will modify 16 legislations.   Read More…

Hearings at the Court of Appeal during the RMCO

It
was my first-time visiting the Court of Appeal and I have been privileged
enough to be given this chance to visit it during the RMCO, hence, there are a
few rules we had to abide by. My first court experience was everything I
imagined and more. I witnessed first-hand how counsels present their cases
right before the judges. Moreover, I even got to assist my colleague, Miss Ng
in handing over tRead More…

Judgment-Debtor

Judgment Debtor Summons

Introduction to Judgment Debtor Summons A judgment debtor summon is an enforcement procedure for the
recovery or payment of money. For instance, if a defendant fails or refuses to pay a judgment sum
worth RM25000, then a judgment debtor summons will be taken out against the
defendant. The defendant will then be known as the judgment debtor who is the
person against whom the judgment or ordRead More…

Garnishee Proceedings

What are Garnishee
Proceedings? A garnishee proceeding is
a form of judgment enforcement procedure used to pursue judgment debts, normally
when a respondent fails to comply with a monetary judgment obtained by a
claimant. The rules governing these
proceedings are provided under Order 49 of the Rules of Court 2012.  The three parties generally
involved are the judgment creditor, juRead More…

UK University and Online Examinations In Malaysia Thanks to COVID-19 Lee Nicholas Heng Jin

Journeying Back from Pursuing an Education in the UK due
to COVID-19 – A Personal Experience Closure of the
University It is well-known that the journey of many students studying
overseas including my own was cut short due to the pandemic. My university –
The University of Sheffield had announced its closure after a report was
released stating that a faculty member of the architecture deRead More…

Mediation SOP Court Online

Operating Procedure for Mediation at the Court Mediation Center Pre-Mediation: Fill in the consent form for mediation which can be found on the relevant court website. Then, email your request to mediate to the mediation center involved. The mediation center will contact the parties involved by email or phone.The parties must send the following information to the mediation center through Read More…

Respective or Respectable – A Mystery in Malaysia

A Malaysian mystery is this “I am happy to
work for your respective firm…” The word, ‘Respective’ according to the Oxford Advanced Learner’s Dictionary
is an adjective to be used before a noun. It is defined as, “belonging or
relating separately to each of the people or things already mentioned”. In
other words, ‘Respective’ brings the
meaning of making a comparison to eachRead More…

Police Arrest MCO Bail Plead Guilty Mitigate

What Happens When You Are Arrested During The MCO For Bahasa Malaysia version please click here For Chinese version 中文版 please click here Effective from March 18, 2020, Malaysia officially implemented the Movement Control Order (the “MCO”). In general, a police officer may arrest the violators of the MCO under: 1) Obstructing Public Servant In Discharge Of His Public FunctioRead More…

EFFECTS OF MCO ON YOUR CONTRACTUAL OBLIGATIONS

MOVEMENT CONTROL ORDER The Movement Control Order (MCO) announced by the Prime Minister of Malaysia on 16th March 2020, to be implemented throughout the period of 18th to 31st March 2020 which now being extended for another fourteen days, to 14th April 2020. As the name suggests, the implementation of MCO was to control the movement of individuals from one place to another Read More…

Coronavirus Covid 19 Movement Control Order Malaysia 2020

Re-Opening of Courts May 13, 2020 A Conditional Movement Control Order (“CMCO”) has been implemented and taken into effect on 13th May 2020, which allows the re-opening of Courts. However, Strict Operating Procedure (“SOP”) and guidelines are to be followed in reference to Circular that was issued by the Chief Registrar of the Federal Court.  Read more on our short article: A tastRead More…

The Risks of Foreign Companies Starting Business Venture in Malaysia – Yong Jei Beng

The Risks of Foreign Companies Starting Business Venture in Malaysia
中文版
Background
A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expend his business to Malaysia. C agreed to it and hence incorporated  his company in Malaysia before  entering into a fixed term contract (“Contract”) with M, as the exclusive subcontractor of M.
InRead More…

Second Class Upper Law Degree Denied CLP

Even if you have a Second Class Upper, You may be Denied CLP   Future law students would love this article, one of my friends was not so lucky…   SHAKESPEARE Shakespeare’s famous quote from Henry VI, Part 2, “The first thing we do, let’s kill all the lawyers.” Professor David Epstein explained that the true meaning of those lines aren’t actually meant to make a mockery tRead More…

Tiga Cara Insurans Peribadi Kereta akan Mengosongkan Dompet Anda

Tiga Cara Insurans Peribadi Kereta akan Mengosongkan Dompet Anda 3 Ways Your Private Car Insurance Will Burn a Hole in Your Pocket Di Malaysia, membeli kereta adalah simbolik sebagai tanda berdikari dan kedewasaan dalam kehidupan kebanyakan daripada kita. Namun begitu, tahukah anda, sejauh manakah perlindungan yang polisi insurans peribadi kereta standard anda berikan dan apakah yang tidak terRead More…

Old Federal Court Malaysia Sultan Abu Samad Building

Hierarki Mahkamah Malaysia berbanding dengan Mahkamah UK

Hierarki Mahkamah Malaysia / Perbandingan antara Kehakiman Malaysia dengan UK Hierarchy of the Malaysian Court / Judiciary a comparative study with UK 马来西亚法院等级制度/司法体系与英国的比较研究 Saya anak kedua dalam 4 adik-beradik. Dalam hierarki mahkamah, saya Mahkamah Rayuan (COA) ke Mahkamah Persekutuan Malaysia atau Mahkamah Agung England. Dunia seperti yang kita tRead More…

Sales Services Tax Act 2018 Exempted Goods Taxable Services

Sales and  Services Tax Act 2018 Exempted Goods Taxable Services FAQ The Sales and Services Tax will take effect from September 1, 2018.   The Royal Malaysian Customs published and uploaded  some guidelines to their website, we present them below, some relevant ones,  for your easy reference as at August 16, 2018.   Please check with the Royal Malaysian Customs website Read More…

3 Things Employers Must Know about Public Holidays In Malaysia

PUBLIC HOLIDAYS IN MALAYSIA The government of Malaysia declared  September 4, 2017  a public holiday following Malaysia’s outstanding performance at the 29th SEA Games. The Prime Minister was teasing the crowd, saying it was not easy to declare a public holiday.  Many Malaysians Employers are surely wondering how the Government can declare a public holiday in Malaysia?   We will explaRead More…

7 Tips for the Preparation of Your Admission to the Bar “Long Call” in Malaysia

7 Tips for the Preparation of Your Admission “Long Call” in Malaysia 1.    Traditionally your Pupil Master or your Pupil Mistress will enjoy the singular privilege to “ROBE” the pupil, is he or she coming or not coming? 2.    If your parents are able to attend please inform the counsel moving your call so that they may be introduced during the speech. 3.    White winged collar shRead More…

5 Steps to Bankrupt Yourself vide a Housing Loan

5 Steps to Bankrupt Yourself vide a Housing Loan
Step 1: Buy a House and get a loan
A happy couple, our clients, Mr and Mrs Tan (not their real names) bought a semi detached house in Penang in 2009 for RM1,000,000, he took out a loan of RM900,000 and diligently paid the loan for 3 glorious years.
Step 2: Ignore the Summons From the Bank
After three years, the price shot up to RM1,400,000 but Mr TaRead More…

5 Legal Tips for Defamation in Facebook Social Media

5 Legal Tips for Defamation in Facebook and Other Social Media Languages:   English    繁体中文    简体中文   Malay   In this digital era, social media such as Facebook, Twitter, Sina Weibo has become part of human’s life. Recently, Trump and Clinton, being the candidates of United State President Election 2016 have fueled millions of Facebook postings, and if it is priRead More…