中文版 Introduction 1 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. 1.1 However, one mustRead More…
Versi Bahasa 中文版 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 KeeRead More…
The
Journey Begins October 12, 2020, what a memorable
day! It was my very first time working in a law firm. I have never worked in a
law firm before so I am glad, I had the opportunity to get a taste of it through
Alex Chang & Co (ACC). Although it only lasted for a month, as it was a
one-month mini pupillage program, but iRead More…
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…
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…
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…
Versi Bahasa 中文版 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 Read More…
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…
Versi Bahasa 中文版 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 Read More…
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…
中文版 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 cRead More…
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…
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…
Versi Bahasa 中文版 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 agaRead More…
Versi Bahasa 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 Read More…
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…
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…
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…
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…
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…
中文版 Enforcement of Judgment Sum via Writ of Seizure & Sale (WSS) 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 seiRead More…
Versi Bahasa 中文版 Sworn Statements A sworn statement can be described as
an oral or written assertion of fact made under oath. Such statements commonly
take the form of affidavits, statutory declarations and oral testimonies. A sworn statement, in contrast to a regular statement,
if proven to be untrue, constitutRead More…
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)
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
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…
Versi Bahasa 中文版 “WHY SOLICITORS DO NOT GIVE LEGAL ADVICE OVER THE PHONE?”
First of all, the conversation below is to illustrate this whole article on the reasons why professional workers such as solicitors do not give legal advice over the phone.
PATIENT: Hello doctor.
DOCTOR: Hello. How can I help you?
PATIENT: I am having a headache for 3 days.
DOCTOR: I see. You should consume Read More…
What I learned about myself during the attachment/mini-pupilage in Alex Chang & Co. It began with a seemingly normal day, when I, started my attachment/mini pupilage in a pure litigation law firm that situated around KLCC. I was early and Mr Alex Chang (“Boss”) invited me to have breakfast. Unfortunately, I had breakfast and Boss gave instructions to Danny to give me morRead More…
The First Mooting Experience “If it pleases the Court, My Lords and My Lady, …” Introduction 1 Every law student knows what mooting is all about; a practice for the law students to taste the real court before being admitted to the Bar, a chance at “real” deal. 1.1 Sadly Read More…