Saturday, September 6, 2008

Email Question: Answer to civil Procedure in High Court

Hi,

First of all I would like seek forgiveness in delaying answering the question (I refer my last post).

By the way, here are my answers:

  1. first of all, you need to file in your 'memorandum of appearence'- which I believe you have done so. By that I will not explain further the consequences should you fail to file the memorandum in time.
  2. second: you need to file in your 'statement of defense' within time, otherwise the plaintif may take 'judgment in default of defense' against you & you may not even aware it has been taken! because frankly, it's quite simple to be done.
  3. If you are late then quickly write letter to the plaintiff's solicitor (and cc to court) requesting them to grant you an extension of time, if they agree, good enough. But if they don't, you might need to do extra work by filing an application for an extension of time to file your statement of defense (remember you have to give good excuse on why you delay in filing it, and as usual the plaintiff may object).
  4. At the same time, I believe there is an application for specific injunction (or what normally called positive injunction-to compel you to do something or negative injunction to prevent you from doing something).
  5. the application for injunction order may be initiated from the main suit itself or by separate 'simmon-in-chamber' application. I presume there is a separate application since you did mention about affidavit in support presented by the plaintiff.
  6. so, what you need to do (simulteneously with item 2, or 3 above) is to quickly file in your 'affidavit-in-reply' opposing the injunction application.
  7. injunction works in 2 stages, first ex-parte injunction order which normally has been granted, an the order remains until inter-parte hearing of the injunction-which is coming due very soon (normally wothin 30 days validity period of the ex-parte injunction order unless the court grant an extension). second after hearing both parties arguement (by reading and hearing your affidavit in reply), they court may order an interim injunction until final disposal of the case should the main suit is all about injunction, only at the end of the suit the order of the injunction may become permanent or otherwise (depends very much on court judgment).

I don't have sample of statement of defense to share with/suit you simply because every statement of defense must be made specifically answering the statement of claims (and puting your 'counter-claims'), nontheless, you may find standard format in Rule of High Courts, 1980. get one for self for a very usefull guideline since you intend to fight your case personally. (please inform the court your intention to present your case personally so that they may not be so strict on proceedure).

good luck.

6 comments:

  1. Thank you very much. You are one of the rare and kind lawyers around. If I see you in court, please remind me to belanja you lunch. Once again THANK YOU SO SO MUCH.

    ps. Frankly, its really tough learning the law and court process in this so short time.

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  2. Dear Bro Kamarul
    Hi,Salam Lebaran Bro....
    Just to ask ur email add?I Have question regarding my wife experiences during matternity process till delivered...will disscuss personally thru email with u....kindly email me asap...jaynoll@yahoo.com.Hope to get respon from u bro.Salam Lebaran.Thanks and Best Regards.

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  3. Dear Mr Irzuan ,

    Can you enlighten me , Mr A and Mr B are Co-owners of 3 properties i.e I) ii) and iii) . All three properties have been rented out to 3 different tenants , since 2007 Mr A collected the rent all by himself and nothing for Mr B.

    To stop this situation , can Mr B firstly apply to court to get interim order with effective soonest to the various tenants to pay their future rents in two parts , ie to Mr A and Mr B equally .

    Mr B later intend to get his overdue rent by court process , maybe by breach of fiduaciary duty . Thanks

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  4. salam bro..
    can i know the civil procedure of injunction in Malaysia.
    thanks

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  5. Assalamualaikum ,can i know the procedure in civil action in the High Court at the pre-trial stage ?

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  6. Waalaikumussalam,
    Anonymous, your question is too general...what do you mean by pre trial stage? If you meant the issuance of summons, i believe that the above article is self explanatory.

    Khairul Aiman
    on behalf of Messrs. Irzuan

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