Following our earlier article on “Understanding Your Rights in Cases of Inaccurate CTOS Scores”, there has now been a significant development. In CTOS Data Systems Sdn Bhd v Suriati binti Mohd Yusof [2024] 5 MLJ 811, the Court of Appeal has overturned the High Court’s decision, marking an important shift in how liability of credit…
BENEFITS OF ARBITRATION
Arbitration is an alternate dispute resolution process to the usual process of the Courts. This avenue is usually resorted by parties when their contract provides for a pre-existing arbitration clause or where parties collectively agree to arbitrate their existing dispute before an arbitrator instead of a judge. The arbitration proceedings in Malaysia are usually administered…
APPLICABILITY AND BENEFITS OF CIPAA
Effective 14.04.2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force. The introduction of CIPAA provides an alternative and expeditious recourse to unpaid parties in the construction sector compared to the slower and costly processes of litigation or arbitration. The adjudication process is private and would usually take approximately 90-100 days from…
Understanding the Protection for Guarantors in Bankruptcy Proceedings
As everyone may be aware, following the introduction of the Insolvency Act 1967, a social guarantor can no longer be subjected to bankruptcy proceedings as Section 5(3) of the Insolvency Act provides absolute protection to social guarantors. Now what about non-social guarantors? Unlike social guarantors, non-social guarantors do not enjoy complete immunity from bankruptcy proceedings….
How To Discharge From Bankruptcy Order
1. If I have been declared bankrupt, what should I do to discharge myself? There are several methods for obtaining a discharge from bankruptcy, which can vary depending on the facts. A person who is declared bankrupt may remove his /her bankruptcy status either by way of discharge application pursuant to section 33, 33A and…
Can The Bankrupt Be Sued?
I. ILLUSTRATION Ali was made bankrupt in 2023. However, Siti and Mark wish to sue him for the following matters, respectively: Siti wishes to file a civil suit against Ali for a debt due and owed by Ali of RM50,000.00. Mark, a famous influencer, also wishes to file a defamation suit against Ali for a…
Mediation or Trial?
The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:- Mediation Mediation is effectively a supervised negotiation process, especially useful for resolving disputes in a less adversarial manner. One party will put forward their position as…
FAQs: Can you commence legal action?
1 I) A claims that B owes him a sum of money. B died last week. What can A do? General rule: section 8(1) of Civil Law Act: all cause of action subsisting against or vest in the deceased shall survive. Exception (Proviso to section 8(1)) : unless in the case of defamation or seduction…
Right of Appeal – in Civil Matters
When deciding whether to initiate a Court action, it is common for people to be concerned what if they lose their case, what if the Court’s decision is not in their favour etc. FEAR NOT as your right will not end there as we are all conferredwith the right of appeal so long your case…
Flow To Discharge Bankruptcy In Malaysia
Being bound by a ‘bankrupt’ status is oftentimes burdensome because bankrupts would be restricted from carrying out what a normal person could do such as travelling overseas (unless with a written permission from the Director General of Insolvency [‘DGI’] or an Order from the Court), taking on loan with the financial institution and working in…
The Principles of AR Registered Post
The article seeks to discuss on the principles of AR Registered Post with reference to relevant case law and statute. What is AR Registered Post? Apart from the personal service, another method for service of court documents is by way of the AR Registered Post. AR Registered Post is a mail service offered by Pos…
Most frequently asked questions for small claims procedure in Malaysia
What is small claims procedure? The small claims procedure is a relatively cheap, fast and easy way for parties to resolve some types of disputes in the Magistrates’ Court, generally without having to engage a solicitor. What is a “small claim”? A “small claim” is a claim for money where the amount in dispute or…
Enforcement of Judgment in Malaysia
Introduction Most of the people think that when they have won the case, they will automatically be paid and that is the end of the case. Unfortunately, no, it is not. If the other side (judgment debtor) does not voluntarily pay, all you (judgment creditor) have is a piece of paper that says you are…
Introduction To Friendly Loan
Guide to Legal Friendly Loan Agreements What is a “Friendly Loan Agreement”? A friendly loan agreement is a contractual document that outlines the terms of a loan between two individuals. The document can define the amount of money or other property that is being loaned, the payment terms, and other conditions required for repayment. It…
Contracts in Restraint of Trade in Malaysia
Restraint of Trade in Employment Contracts: Understanding What it is and How it Impacts Employers & Employees Introduction On 29th of May 2021, Malaysia has reported a daily record of 9,020 new Covid-19 cases, its highest daily toll since the start of the pandemic. The drastic increase of Covid-19 cases in Malaysia and in fear…
Undang- Undang Fitnah Di Malaysia
Apakah itu fitnah? Dalam bahasa yang mudah, fitnah berlaku apabila wujudnya pernyataan yang dibuat yang merosakkan atau mencederakan reputasi orang lain. Fitnah boleh terdiri daripada slander atau libel:- Slander berlaku apabila pernyataan fitnah dibuat melalui bentuk sementara (contohnya: kata-kata yang diucapkan atau gerak isyarat); Libel berlaku apabila pernyataan fitnah dibuat melalui bentuk tetap (contohnya: catatan…
What Should You Do If Your Customer Has No Financial Means To Pay Your Invoices?
In order to reduce the soaring number of Covid-19 cases, the Malaysia government has implemented the second phase of movement control order (“MCO”) on 13 January 2021. The government has relaxed the restriction as compared to the first phase of MCO by allowing more sectors to open and promote business activities throughout the country. Recently,…
Different Ways on How You Can Recover The Judgment Debt
I have won a lawsuit and obtained a legal judgment. What should I do next? Does it mean that I would automatically get what I wanted as stated in the judgment? What happened if the party does not comply with a judgment? The answer is simple. You may enforce your judgment against the defaulting party….
Proses Pemulihan Hutang
Penghutang saya enggan membayar balik hutang yang terhutang kepada saya, apakah yang boleh saya lakukan? Anda boleh memulakan tindakan undang-undang terhadap penghutang untuk mendapatkan kembali hutang anda dengan mengeluarkan surat tuntutan dan/ atau menuntut hak terhadap penghutang anda. Apakah jenis maklumat / dokumentasi yang harus saya berikan untuk proses pemulihan hutang? Semua dokumen dan rekod…
Limitation Period To File Civil Lawsuit In Sarawak : Law Of Contract & Tort
Introduction Limitation period refers to the time limit for an aggrieved party to file an action against another party. In Sarawak the limitation to file civil lawsuit is governed under the Sarawak Limitation Ordinance (Sarawak Cap. 49) and the limitation period for civil lawsuits has been stated in the schedule ( Sections 3 and 6(1)…
Defamation
What is Defamation? Defamation refers to the circumstances where there is any unjustified criticism that has caused or is likely to cause serious harm to one’s reputation. If a defamatory statement affects a person’s reputation, that person may have a claim against the maker of that defamatory statement for defamation. There are two types of…
Conclusive Evidence Clause and Certificate of Indebtedness
It is not uncommon to find a term in an agreement granting certain banking facility that goes along the line that any statement or certificate signed by an officer of the bank shall be the conclusive proof of the amount outstanding under the facility. This term is called the conclusive evidence clause.
Malaysian Legal System in 60 Seconds
Malaysia practices dual legal system, generally categorized as civil law (a misnomer, I personally think it should called secular law as “civil law” refers to another type of legal system in the world) and Islamic law.
I Received a Writ and a Statement of Claim, What Should I Do? – The typical court process in civil cases
When you received a Writ and Statement of Claim, it basically means someone has sued you (let’s call him the “Plaintiff”). You have 14 days to enter your appearance i.e. to tell the court and the Plaintiff that you will be coming to court to fight the suit.