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Showing posts from December, 2010

Interesting! PTPTN cannot appoint private lawyers to sue students!

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Salam and Hi all, As promise in my facebook page, i post one interesting case I handled recently. The case was regarding PTPTN suing one person for 'so-called default' in paying his study loan given by PTPTN. I do not wish to touch on the details of the case's merit but rather stick to only one issue of NULLITY in such civil action. After I got the instruction to defend the case, I prepared all the necessary papers such the defense statement, notice of appearance and so on. I also prepare one notice of preliminary objection (PO) to be served onto the plaintiff's solicitor (PTPTN) as required under the rules. The PO stating and demanding that defendant shall plead to the court to have the whole suit dismiss with cost due to illegality and nullity of the action. Reasons: section 58 of the Perbadanan Tabung Pendidikan Tinggi Nasional Act 1997 Act A1296 ("the Act") which was interpreted by the High Court at Sibu EXCLUDE the private lawyers from representing any s