MEDIATION SKILLS TRAINING PROGRAMME - UPDATE!

Dear Members,

Kindly note that two (2) lucky candidates were recently drawn to attend the Mediation Skills Training Programme which is scheduled for 24-28 April 2010 at the Bar Council Auditorium, Kuala Lumpur (Trainers : Accord Group Australia). 

These lucky recipients sponsored by the Perak Bar are Mr. Kenny Lai Choe Ken and En.Ghazali Bin Mohd Ramli respectively. 

For those who wish to attend the said course kindly make enquiries with the Bar Council Secretariat accordingly.

With regards and thanks
Hemalatha PR
Honorary Secretary

Perak Bar and Ipoh City Council Food Fair and Open Day 2010

To all Perak Bar Members,

The Perak Bar Social Sub-Committee will be organizing the "Perak Bar and Ipoh City Council Open Day and Food Fair 2010" which will be held on 22nd May, 2010 (Saturday) at Polo Ground (Padang Sultan Abdul Aziz Shah) from 8:00am to 2:00pm.

All those interested to set up food or produce stalls are required to submit immediately their applications due to the limited number of stall spaces.  Kindly be informed that the Social Sub-Committee shall not be obliged to accept all applications.  The decision of the Sub-Committee in respect of same shall be final.

Participation is strictly on a first come first served basis.

Kindly contact Miss Janet Wong at 012-5228513 or En. Nizam at 012-5171541 if you have any queries.  The application forms may be obtained from either the Bar Room (High Court) or the Perak Bar Secretariat (05-2415457).  All application forms shall be returned to the Perak Bar Secretariat on / before 20th April, 2010.



Yours Faithfully,

Zaireen Zainal
Chair
Social Committee
Perak Bar 2010/2011

UPDATE - BRIEFING ON NEW IMPLEMENTATION OF CKHT BY LHDN

UPDATE!

Dear Members,

The date for the talk has been confirmed on the 13th April 2010 at 3.30pm.

Venue is yet to be confirmed.

Please watch this space for the update on the venue once that has been confirmed.

Thank you.

PERAK BAR BLOGMASTER

LEGAL AID BOOTH

Although it was a week day, International Women’s Day 2010 drew in a remarkable crowd on opening day Monday 8^th. March.    The event was jointly organized by Perak Women For Women and Soroptimist International Ipoh, and officiated by YB Dato Hamidah Osman, EXCO Wanita Perak.

 Perak Legal Aid Centre along with 14 other Ngos were invited to setup booths to create more awareness to the public.  The theme for this year was “Equal Rights Equal Opportunities – Progress For All.  Excited crowd thronged the concourse area of Kinta City Shopping Centre daily from 10 a.m to 10.30 p.m. to take advantage of the information from the booths.  Twelve chambering students participated in manning the booths during the week long event and there were 45 consultations.

  Most visitors were seen moving from booth to booth picking flyers and seeking advise. Bustling with fun and activities, happy shoppers and visitors  alike were also seen playing games and taking part in the many interactive events arranged by the organizers.  Abuzz with shrieks of excitement were the exciting performances all night long.  The week long event ended with a big bang last night 14^th March 2010 accompanied with music and entertainment .  The organizers thanked all of us for making the event a huge success.

- contributed by M. Gokoolaram Naidu

Well, the International Women's Day, 8^th of March, is an occasion marked by women's groups all around the world, where their voices are gathered in a celebratory shout in recognition of the struggles and victories of the women's movement for equality, justice, peace and development. It is also a day to plan for future strategies in eliminating all forms of discrimination against women.

Withholding to this occasion itself, there was this Women’s Day campaign week, held in Kinta City Ipoh ( 8.3.2010 - 14.3.2010 ) where various WOMEN’S groups and NGO’s had taken part in the said campaign by setting up information booths for the public. Nevertheless, the Bar Council Legal Aid Centre (LAC) had also joined-in and opened its information booth at the same location from 10 a.m to 10 p.m for the entire week.

The LAC has taken the opportunity to provide the public with the functions of LAC which are:-

1. Offer free legal advice, representation and intervention for civil and criminal matter;
2. Offer assistance in mitigation of sentences, remand proceedings and bail applications; and
3. Creates awareness and educates the public on their rights.

The week-long campaign was indeed a fruitful one. There were crowds and people had actually approached the LAC’s booth with their problems and seek for legal consultations. This entire campaign has actually got in touch with public particularly the women to understand and overcome the issues affecting them.

As today, the ignorance of the Law is no longer considered a bliss, therefore the LAC has to step forward and provides the people with the equal opportunity for the enforcements of their fundamental right to equality before the law. Hence, I do hope more campaigns akin to this should be conducted more often in near future. 

- contributed by a Pupil in Chamber who prefers to remain anonymous

BRIEFING ON NEW IMPLEMENTATION OF CKHT BY LHDN

DEAR MEMBERS OF THE PERAK BAR,

RE: BRIEFING ON NEW IMPLEMENTATION OF CKHT BY LHDN.

PLEASE BE INFORMED, PERAK BAR CONVENYANCING COMMITTEE HAS COMMUNICATED AND REQUESTED LHDN TO HAVE A 2^ND ROUND OF BRIEFING REGARDING THE NEW IMPLEMENTATION OF CKHT. LHDN HAS AGREED TO CONDUCT THE SAID BRIEFING IN EARLY APRIL.

TO THOSE WHO ARE INTERESTED IN ATTENDING THE SAID BRIEFING, KINDLY CONFIRM YOUR ATTENDANCE AT PERAK BAR SECRETARIAT 05-2537590/2415457 (MISS PREM/MISS SARA) OR PN NOOREHAN AT 05-2559701/019-4374927 ON/BEFORE 02/04/2010 .

THANK YOU.

YOURS FAITHFULLY,

NOOREHAN BINTI ZAKARIA

CHAIRMAN FOR COONVENYANCING SUB COMMITTEE

PERAK BAR.

MEETING WITH CPO PERAK

Dear Members,

The Perak Bar Committee will be having a meeting with the Perak CPO on the 8th of April 2010.

Should you have any problems or queries you wish the Perak Bar Committee to bring up to the CPO at the meeting kindly send a letter with your queries to the Perak Bar Secretariat BEFORE the 5th of April 2010.

Thank you.

Perak Bar Blogmaster

CASE COMMENT

NORWEST HOLDINGS SDN BHD V MUHIBBAH ENGINEERING (M)BHD

HIGH COURT MALAYA, SHAH ALAM

Civil Suit No. MT1-22-812-2001

SURIYADI HALIM OMAR, J

18 OCTOBER 2004

Civil Procedure-Striking Out –Time frame to file O.18 r. 19 RHC 1980 application- Interpretation of phrase “at any stage of proceedings”-Effect of amendments to Rules of the High Court vide O. 1A and O 2 r 3.

Brief Facts

Object of this case note is to highlight the unique feature of this suit where a striking out application (“the application”) pursuant to O. 18 r 19 RHC 1980 and inherent powers of Court was allowed by the High Court despite such application being filed by the Defendant:-

(i) 3 month after close of pleading;

(ii) 2 and ½ month after the O34 RHC 1980 pre trial case management notice was filed by the Plaintiff;

(iii) After having filed unconditional appearance.

Naturally, the Plaintiff argued that it was too late in the day for the application to be entertained.

Plaintiff placed reliance on the following authorities in support of their contention:-

(i) Thiruchelvasegaram Manickavasegar v Mahadevi Nadchatiram [2001] 3 CLJ 743 HC where the Court held that a striking out application must normally be made before close of pleading;

(ii) Alor Janggus Soon Seng Trading Sdn Bhd & Ors v Sey Hoe Sdn Bhd & Ors [1995] 1 CLJ 461 SC and Anchorage Mall Sdn Bhd v Irama Team (M) Sdn Bhd & Anor [2001] 7 CLJ 313 HC for the proposition that one is precluded from filing the application after having filed an unconditional appearance.

The Court, in face of what was thought as settled law, pronounced that the time frame to file the application has changed, a change prompted by P.U.(A) 197 which introduced O 1A and O. 2 r 3 RHC 1980 on 16.5.2002.

Suriyadi J opined that by these amendments, the Courts are now required to have regard to the justice of the particular case and not only technical non compliance of the Rules and in effect placed “all technical objections at its rightful place , i.e., irrelevant at its rightful place”

The Court took note that O 18 r 19 RHC 1980 “in no uncertain term” expressly state that the court may at any stage of the proceeding order among others that a pleading be struck out. Nothing is provided under O 18 to preclude the filing of the application on the grounds either that pleadings are closed or that the applicant had filed an unconditional appearance.

The High Court ruled that to maintain a restrictive definition to the phrase “at any stage of the proceeding” to preclude applications so filed after close of pleading and after filing of an unconditional appearance result in the denial of the “court’s right” to exercise its discretionary powers accorded by O.18 r 19 RHC 1980 and other provisions of the Rules of High Court including O1A and O2 r 3 RHC 1980.

In short, the Court ruled that O 18 r 19 RHC 1980 falls within the ambit of the spirit of O1A and O 2 r 3 RHC 1980 in that administration of the rules of court concerns more on justice of the case as opposed to technical non compliance of the rules. Thus the 3 cases referred by the Plaintiff above which were all decided before May 2002 (prior to the introduction of O1A & O2 r 3 RHC 1980) in support of the contention that the application was not promptly filed was in the words of Suriyadi J “doomed to meet failure”

Commentary

Courts are created to settle disputes between litigants. Such dispute ought not be resolve by resorting to technical or procedural objections that does not relate to the root of the dispute unless substantial injustice is caused. To that end it is submitted that this judgment is of immense benefit to practitioners.

Unless amended, a suit that is liable to be struck out on the grounds that its pleadings is plain and obviously unsustainable, remains plain and obviously unsustainable no matter how late an application to strike out is filed.

Even if the Court forms the view that the application was not filed promptly, it is submitted that the necessary penalty by way of denial to an order of cost either in part or in full can be made thus depriving the dilatory applicant from what should be his order for cost in a successful application.

This would serve the administration of justice a great deal better than to permit a suit premised on a pleading which is plain and obviously unsustainable to be litigated in a full blown open court trial which naturally takes time, expense and manpower to conclude.

Note

Readers do note that this case note focus solely on the time frame for filing of a striking out application and how that time frame has change as a result of the amendment to the Rules of High Court 1980. The issue of the merits on the application subject matter of this suit is not considered. This case is reported as Norwest Holdings Sdn Bhd v Muhibbah Engineering (M) Bhd [2004] & CLJ 400

Dated 10^th February 2010

Norazali Nordin

Chair

Professional Development Sub Committee

Perak Bar

BADMINTON TRAINING GAMES

Dear Members,

Our Sports Committee has organised some training and playing sessions for Badminton in preparation for the upcoming annual Perak-Penang Bar Games 2010.

Time : Every Thursday (7.30pm to 10.00pm)
Venue : MBI Stadium Badminton Court

Fellow members who are interested, please contact our Badminton Convenor

Chong Kok Yew @ 012-5229022


Thank you.

Perak Bar Blogmaster

DIGI PROMOTION FOR PERAK BAR MEMBERS ONLY

Dear Members,

Through our former Chairman's initiative and negotiation skills, the Perak Bar has managed to get DIGI Telecommunications to offer an exclusive to Perak Bar Members.

Details of the package and its offer can be obtained HERE.

The contact person is Daniel Ng (+60165261002) or wkng@png.digi.com.my

Thank you.

Perak Bar Blogmaster

PERAK BAR ANNUAL DINNER 2009 PICTURE ALBUM

Dear Members,

We apologise for the delay but the Perak Bar Annual Dinner 2009 pictures can be viewed and downloaded from HERE.

Thank you.

Perak Bar Blogmaster

CONDOLENCES

UPDATED

Dear Members,

We have been informed that our senior member of the bar; Mr. S.N. Leow of M/S S.N. Leow & Co. passed away yesterday.

We've been informed that his funeral will be held tomorrow (Tuesday 9/3/2010).

His house address is:-

No 15, Persiaran Chateau,
Chateau Garden,
30650 Ipoh,Perak.

contact No : 016-3925837(Late Mr. SN Leow' Brother's No. )

There will be a Buddhist ceremony at the house tonight at 8 pm.

Cremation be held at 12pm at Sam Poh Tong Temple tomorrow (Tuesday)

Our deepest condolences to the family of the late Mr. S.N.Leow.

May you rest in peace.

Perak Bar Blogmaster

Chairman Message 1

WARMEST GREETING AND ASSALAMUALAIKUM.

LET ME BEGIN BY EXTENDING MY WARMEST WELCOME TO THE RECENTLY ELECTED SUB-COMMITTEE MEMBERS OF THE PERAK BAR. I ALSO WANT TO RECOGNISE AND THANK THE PAST CHAIRMAN AND THE SUB-COMMITTEE MEMBERS (SOME OF WHOM ARE EXTENDING THEIR INVALUABLE SERVICES WITH THE SUB-COMMITTEE) WHOM HAVE WORKED TIRELESSLY TO SERVE THE PERAK BAR.

I REALISE THAT NO INSTITUTION COULD FUNCTION WITHOUT ITS SUPPORTING PILLARS. THE INSTITUTION COULD HAVE THE MOST ADVANCE TECHNOLOGY IN THE WORLD BUT WITHOUT THE MEN AND WOMEN BEHIND THEM, HOW USEFUL ARE THEY?

THE SAME IS ALSO TRUE WITH THE PERAK BAR. I AM INFORMED THAT THE NON-PARTICIPATION FROM MEMBERS IS VERY GLARING WHEN THE EVER READY AND WILLING MEMBERS HAVE AGAIN AND AGAIN SLOGGED IT OUT THESE PAST YEARS. I SAY THAT IT IS TIME FOR US “TO PULL UP OUR SOCKS” TOGETHER AND THAT IT IS TIME FOR US TO EMBRACE, SUPPORT, CONTRIBUTE AND BE INVOLVED WITH THE PERAK BAR ACTIVITIES AND NEEDS.

I AM MINDED WITH THE WORDS OF LAO TZU ABOUT LEADERSHIP, “GO TO THE PEOPLE. LEARN FROM THEM, LIVE WITH THEM, START WITH WHAT THEY KNOW, BUILD WITH WHAT THEY HAVE……”.

IT IS WITH THIS CONVICTION AND ASSERTION THIS SUB-COMMITTEE SHALL ENDEAVOUR TO REACH OUT TO THE MEMBERS OF THE PERAK BAR, TO HEAR YOU, TO UNDERSTAND YOU AND TO SERVE YOU BETTER. AND TOWARDS THIS END, I RESPECTFULLY ASK FOR YOUR HELP AND SUPPORT, ALL FOR THE BETTERMENT OF THE PERAK BAR.

THANK YOU AND WASSALAM.

HAJI MAD DIAH BIN ENDUT

CHAIRMAN OF THE PERAK BAR 2010/2011

COMPLAINTS ABOUT THE FAST TRACK SYSTEM

Dear Members,

It has come to the attention of the Perak Bar Committee that there has been a number of complaints with regard to the new Fast Track system in the Courts. However in order for the Perak Bar to take this up with the relevant people, we require a written complaint detailing the reason for your distress.

The Perak Bar Committee has made arrangements to see the Learned Judge in charge of the Fast Track System soon.

Therefore, kindly let us have your written complaints latest by the 10th March 2010.

We hope to address all issues before the Learned Judge and we will let you have the feedback once we obtain it.

Your co-operation is much appreciated.

Thank you.


Perak Bar Blogmaster

MALAYSIAN LAW CONFERENCE

Dear Members,

The Malaysian Law Conference is upon us once again from the 29th - 31st July 2010. You may obtain the necessary details of the same from the Malaysian Bar Website.

The Perak Bar Committee has decided to sponsor 2 Young Lawyers (Below 7 years in Practice and/or below 40 Years Old)to the above mentioned conference.

Kindly submit your name, contact details, firm name as well as contributions to the Perak Bar/Malaysian Bar and also your reason for being selected to the Perak Bar
Secretariat by the 30th April 2010.

Kindly note that the Perak Bar reserves the right to pick and choose the candidate and that the decision is final and not appealable.

Thank you.

Perak Bar Blogmaster

RATE YOUR BROKER

Dear Members,

There is a form available at the Perak Bar Secretariat for you to rate your broker in the Professional Indemnity Insurance.

Kindly obtain your form and complete your survey and return the same to the Perak Bar for our onward transmission to the Bar Council.

Thank you.

Perak Bar Blogmaster

MEDICO-LEGAL FORUM

Dear Members,

There will be a Medico-Legal Forum : Emerging Trends in Other Jurisdictions-Current Development organised by Institut Latihan Kehakiman dan Perundangan (ILKAP).

Date : 4th May 2010 (Tuesday)
Time: 2.30 - 4.30 (2 Hours)
Venue: Theatrette, Aras Bawah, Bangunan Perdana, ILKAP
Price : RM150.00 (by Money Order or Cheque)

The full circular and details can be seen HERE.

Thank you.

Perak Bar Blogmaster

Assignment of Counsel for Capital Cases

Dear Members,

If you are interested in being an assigned counsel for Capital Cases kindly download the form and complete the form and mail it back to the Bar Council.

The form can be downloaded HERE.

Thank you.

Perak Bar Blogmaster

WE ARE THE CHAMPIONS

Last year, when the Interstate Bar Golf Tournament was held in Orna Golf & Country Club Malacca, the Perak Bar golfers surprised everyone by clinching the runner up medal, trailing KL Bar by only a single. Our Mr. Andrew Yee was the overall individual champion and together with Mr. Ahmad Kamal Ayob, Perak Bar had 2 players amongst the top 5 players of the tournament. A job well done!



This year, when the Perak Bar Golf Captain, Mr. Dalgit Singh confirmed our participation, the spirit was different. Everyone was eager to prove that Malacca’s achievement was not a fluke and this year Perak Bar was represented by the following golfers:-

1. Tuan Haji Mat Diah Endut (Perak Bar Chairman)
2. Mr Dalgit Singh (Golf Captain)
3. Mr. Andrew Yee
4. Mr. K. Subramaniam
5. Dr. James Loh
6. Mr Ahmad Kamal Ayob
7. Mr Akhiruddin Mohamad Taib
8. Mr Muhammad Fuaad Saibun
9. Mr Zaizuraimy Abd Rahim.



Our team travelled approximately 480km to Pekan Pahang and the tournament was held in Pantai Lagenda Golf & Country Club. This course is not children playground. Located by the open South China Sea, the are a lot of elements awaiting all the golfers especially its unpredictable and nasty wind condition, not to mention the blistering heat thanks to the current weather. “This course will definitely silent the big talkers” said our Captain before the tee-off. 80 golfers from various State Bars took part this time and the mode of play was System 36 Stableford.



The Perak Bar Golf team performed tremendously and finally, we were declared as the outright team champion of this year tournament amidst some confusion over the scores with Selangor Bar in the process. KL Bar was the 2nd runner up. Mr Andrew Yee put the icing on the cake on the victorious day when he secured the Overall Best Individual Player for two consecutive years! For the team event, our winning points were contributed by Mr. Andrew Yee, Mr. Dalgit Singh, Dr. James Loh, Mr. Akhiruddin Mohammad Taib. Mr K Subramaniam and our Chairman, Tuan Hj Mad Diah Endut equally scored 31 points.



On the final note, I wish to congratulate all the golfers involved for their efforts and determination in writing this history with an outstanding performance despite the short notice of this event. My special thanks must go to the Chairman in representing Perak Bar, the Golf Captain, Mr Dalgit Singh for sponsoring out team T-shirts and Mr Andrew Yee for his excellent performance which was way above others. I believe that this is a good start for our sporting events and I personally urge and encourage other members of the Perak Bar especially the juniors to participate more in any events, especially sports, organized by Perak Bar.

Zaizuraimy Abd Rahim
Sports Committee
Perak Bar.

LAWCARE FORMS

Dear Members,

The Lawcare Malaysian Bar Member's Beneficiary/Trustee Nomination Form is available at the Perak Bar Secretariat for those who do not have them already.

Kindly fill in the form and return the same to the Perak Bar Secretariat so that we may forward the same on your behalf to the Malaysian Bar as soon as possible.


Perak Bar Blogmaster

Perak Bar Facebook Group

Dear members,

The Perak Bar Facebook Group has recently been set up as another platform for the dissemination of information to members of the Perak Bar past, present and future. For those with facebook please join the group HERE.

For those who do not have a facebook account. Sign up for one HERE.

Thank you.

Perak Bar Blogmaster