6 Tips to Trial Procedures in Malaysian Courts

1. IntroductionIt is crucial for a party, namely the Plaintiff to have a cause of action before he commences an action against the Defendant. A cause of action exists if there is a Plaintiff who can sue, a Defendant who can be sued and there are material facts which entitles the Plaintiff to succeed. However, one must take note of the fact that a claim can possibly be dismissed before the case iRead More…

Zooming in the Court of Appeal in e-Appellate

Introduction The e-Appellate system was introduced and  implemented by the Malaysian Judiciary on the 3rd of August 2020 for the Federal Court and 17th August 2020 for the Court of Appeal.  This was done so to ensure that despite the new operating procedures implemented namely the Movement Control Order (MCO), Conditional Movement Control Order (CMCO) and Recovery Movement Control OrRead More…

Submission of No Case to Answer

1. Submission of No Case to Answer It is a principle of law that the Defendant may
submit a no case to answer at the end of the Plaintiff’s case if the Defendant
is of the view that: 1) The Plaintiff had failed to establish a case in law; or
2) The evidence that was led by the Plaintiff is so unsatisfactory or
unreliable. In the case of Tan Kim Khuan v Tan Kee Kiat (M)
Sdn Bhd [1998] 1 CLRead More…

Online Hearings in 2020 Jasmine Ha

IntroductionDue to the Covid-19 pandemic and the movement control order being imposed and implemented in Malaysia, the courts face several difficulties when it comes to conducting physical hearings and trials. To overcome this issue, some changes have been made in regards to the manner the hearings and trials would be conducted in the near future. That being said, Hearings and trials are being coRead More…

Online Hearings in Court – A New Era in the Covid 19 Pandemic

Courts of Judicature (Amendment) Act 2020, Subordinate Courts (Amendment) Act 2020 And Subordinate Courts Rules (Amendment) Act 2020 The long awaited amendments to the Court
of Judicature Act 1964 (CJA 1964), Subordinate Courts Act 1948 (SCA 1948)
and Subordinate
Courts Rules Act 1955 (SCRA 1955) have finally been gazetted. They are Act
A1621 – Courts of Judicature (Amendment) Act 2020, Act Read More…

Circumstances Post is Used to Deliver Court Documents

Personal service not required unless there is express provision or is required by order of the Court. (O.62, r. 1)When personal service required (O.62, r. 1)1.     (1) Any document which by virtue of these Rules is required to be served on any person need not be served personally unless the document is one which by an express provision of these Rules or by order of the Court is required to beRead More…

Court Documents that Need to be Served by Hand

1. Introduction: Personal Service 1.1 Required when it is specifically provided for by the Rules of Court 2012 or by an order of the court. 1.2 It is effected by leaving a copy of the document with the person to be served.  The process server must show the person to be served,   in the case where the document is a writ or other originating process; the sealed copy of the document; Read More…

What should students expect from an attachment?

Average number of attachment students The ratio of lawyers to attachment students
per annum in Alex Chang & Co (hereinafter ACC) can be put down as 2:12
(sometimes more). Since ACC is not a relatively large firm, the number of
attachment students who joined ACC each year can be said to be rather high. In
contrast, applying the same mathematical ratio of 2:12 to larger law firms,
there woulRead More…

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…

discharge bankruptcy

Discharge of Bankruptcy at the Discretion of DGI S33A and 33B Insolvency Act and Case Study

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…

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…

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…

Oversea’s Company Starting Business Venture in Malaysia

Background (中文版) A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expand 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. In order to fulfil the contractual obligation, C entered into a TenanRead More…

跨国公司在马来西亚发展宏业

故事背景 (English Version) 一间中国公司(“中方”)被一间马来西亚企业(“马方”)游说来马来西亚开拓事业。中方同意了马方的建议,于此在马来西亚成立了一家公司,同时也与马方签署了定期合约(“合约”)。中方于约同意成为马方的专属分包商。 为了履行合约条款,中方再一次与马方签Read More…

Default clause instalment scheme full payment creditors debtors Malaysia

Default Clause In Instalment Payments A default clause in a contract provides that actions can be taken by the innocent (non-breaching/ defaulting) party in the event of default by the  party in breach, usually the debtor. Default occurs when one party to a contract fails to perform their obligations/ duties under the contract or fulfil the contract terms,  commonly known as a breRead More…

A Letter to My 17-Year-Old Self Ng An Ni

I
was introduced to the article written by Mr Chan Wai Lun recently, which the
title of this article of mine is a duplication of his, I find that it is so
much so of a déjà vu. I
realize that I have always been living on the track preset. Never once would I
cross beyond the boundaries. I love to stay in my own shell that Mr Chang would
joke that I’m
from Mars and coming for a visit now to Read More…

An Opportunity to Witness the Execution of a Writ of Seizure and Sale by Tan Jo Lynn

Enforcement of Judgment Sum via Writ of
Seizure & Sale Once judgment is obtained in your favour against
the Judgment Debtor, the Judgment Debtor shall obey the terms of judgment and
where debt and other costs are to be paid by the Judgment Debtor, the party
shall settle the judgment sum. Upon failure to do so, the Judgment Creditor may
file an application for writ of seizure and sale whereRead More…

为什么在马来西亚打官司

English Version “我不还,你能怎样?告我吗?” 的确,在马来西亚,面对欠债不换的债务人唯一方法是起诉债务人。 债,对债务人及债权人都是个巨大的问题,在马来西亚也不例外。这篇文章将会证明在马来西亚,打官司是最有效的讨债方式。 马来西亚人对债的文化 在一个
Euler Hermes 的研究Read More…

Why litigate in Malaysia

Why litigate in Malaysia? 中文版 “If
I do not pay up, what can you do? Sue me?” Unfortunately, the reality in
Malaysia is that practically, the only way to deal with a defaulting debtor is
to take legal action against the debtor. Debt
is a major issue for both the debtor and creditor and this is no exception in
Malaysia. In Malaysia, it is a major hurdle to collect debts and this Read More…

诉讼是一场游戏 Litigation is a game Tee Xue Ying

诉讼是一场游戏 (Litigation is a game) 我很荣幸的在误打误撞的情况下参与打官司流程中的其中一环….而张大律师作为被告的代表律师实行着他作为律师的义务那就是保护客户的权利以及把客户的权益最大化。 法官在这严肃的气氛中侃侃而谈他对此次案件的发展,给予他宝贵的建议,用着另类的幽默缓和Read 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Versi Bahasa Malaysia
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 subcontraRead More…