Friday, September 5, 2008

Email Questions: Civil Procedure in High Court

RE: I need some Legal Aid
From: deleted 
Sent:
Thursday, 4 Sep, 2008 5: 47 AM
To: 
mr kamarul irzuan (ki_my@hotmail.com)

Thank you Mr Kamarul. Sorry if I am taking your time.

From: ki_my@hotmail.com
To: deleted
Subject: RE: I need some Legal Aid
Date: Thu, 4 Sep 2008 03:23:40 +0000

hi,
 
i will try to answer your question in my blog soonest possible. just need to finish few things first by today. hope i can post by tonight..

Yours faithfully, 
Kamarul Irzuan Bin Busu Piah
Advocate & Solicitor
http://legal-malaysia.blogspot.com/

From: deleted
To: ki_my@hotmail.com
Subject: I need some Legal Aid
Date: Wed, 3 Sep 2008 21:45:17 +0800

Dear Mr Kamarul Irzuan,

I came across your blog when I was searching for some legal information and there are some information which you had written is helping me out. Thank you very much.

By the way, my name is deleted. I would like to ask for some basic legal guidance from you. I am now being sued (defamation) by an established organisation because I expose a horrible discovery for the interest of the public. You would be able to understand the whole story at my weblog deleted and I will not go into detail in this email.

For your information, I am not a blogger, I am just utilising the free blogging tools to have a transparent and open debate with the organisation over my consumer grievances, but so far they refused to participate and now suing me for defamation even they verbally agreed to have an open debate.

So far I received the following legal documents from their lawyers and I would appreciate some guidance on what to do next.

1) Summons in Chambers (Inter-partes) for injunctive relief – hearing on 16th October 2008.

2) Writ of Summon and statement of claim (served (sealed copy) on the 14th August 2007) 

3) Affidavit in Support

For your information, I am going to fight this case with no lawyer, because I am not a rich to appoint one. This is also an abusive tactical method applied by rich organisation to constrain (financial) me from justice, so I am not going to fall into their trap.

Anyway, here are my legal questions:-

I had already filed the statement of appearance on the 21st August 2008, but I have not filed my statement of defence and counterclaim.

1) I understand that I have to file it after 14 days upon receive of the statement of claims and now I am due. How can I apply for an extension? Please advice.

2) How does a statement of defence and counterclaim document looks like? Do you have any sample copy? Can you please forward me a copy so that I can follow?

3) Other than the statement of defence, what other documents should I file? Do you think I should go for a strike out? How to do it?

4) Is there anything more I should know? Or should I also sue them for negligence?

I would greatly appreciate your answers and help.

Thank you.

name deleted  

I will post my answer soon.

1 comment:

  1. Hi Kamarul,

    eLawyer has organised the 1st Legal Blog Writing Contest. I hope you can take part and also help to blog a the event or spread some words.

    Pls read http://www.elawyer.com.my/blog/elawyer-legal-blog-writing-contest-2008/

    ReplyDelete