6 Tips To Trial Procedures In Malaysian Courts

English Version 马来西亚法庭审讯程序的6个贴士 1. Introduction 介绍It 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. 对于原告Read More…

Keadaan Pos Digunakan Untuk Menyampaikan Dokumen Mahkamah

Englisih Version 中文版 Circumstances Post Is Used To Deliver Court Documents Keadaan Pos Digunakan Untuk Menyampaikan Dokumen Mahkamah Personal service not required unless there is express provision or is required by order of the Court. (O.62, r. 1)Penyampaian kediri  tidak diperlukan melainkan terdapat peruntukan nyata atau dikehendaki oleh perintah Mahkamah (A.62, k. 1Read More…

7 Things Need Know Mediation Process

7件事需要知道调解过程 The Mediation Process in Malaysia 马来西亚的调解程序 A. What is Mediation?  A. 什么是调解? Mediation is a voluntary, solution-oriented form of alternative dispute resolution. This is where the parties to a dispute agree to resort to mediation, they may seek the assistance of an independent and impartial third party, a Mediator, wRead More…

Garnishee Proceedings

债权扣押程序 (第三债务人程序) English version What are Garnishee Proceedings? 1.什么是债权扣押程序 (第三债务人程序)? 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. 第三债务人程序是一种用于Read More…

Get the jab if you want the job

Observing the current ‘Full Movement Control Order’ in Malaysia which came into order on the 1st of June, one may find themselves going through another endless ‘Stay at Home’ situation, just like MCO 1.0 which was implemented on 18th March 2020. Masks, sanitisation, hygiene has become part of our daily lives and is crucial to maintain the health and safety of workers during this period. DRead More…

Going Concern Or Scrap

持续经营或拆解出售 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question, we need to know what sale of going concern and sale of assets are as well as how these two different with each other. 为什么以持续经营来出售公司比将公司拆解出售资产更有价值? 为了讨论这个问题Read More…

孟母三迁

“离开舒适区,才能拥有真正的舒适。” 发现英语的重要性 实习期间,当张律师要求我以中文书写一篇文章,我却发现我的中文程度不太好时,这时一个想法就在我脑海里涌现:既然我的中文书写程度不太好,那我何必在专业与商务领域继续花95%的时间以中文交流呢? 无可否认,讲普通话是每Read More…

6 Tips to Trial Procedures in Malaysian Courts

中文版 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 befoRead 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

Versi Bahasa Malaysia 中文版 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 Read 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…

Going concern or scrap

中文版 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question,
we need to know what sale of going concern and sale of assets are as well as
how these two different with each other.             Going concern is a business which is
still operating. AccordinRead 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

中文版 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 judgmentRead 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…