Tripartite Games Day 1

Perak Bar in action in 3 games today vs. PDRM.

Netball - Perak Bar fought valiantly but unfortunately succumbed to PDRM 4-11. Hard Luck ladies... Win the next one vs. Court!

Football - Perak Bar took the lead against the fitter PDRM into Half Time but could not hold on to the lead after the restart. Full time ended in. 1-1 draw which lead to penalties to determine who will take the extra point.

Perak Bar won the penalty shootout 8-7 with our Justin 'safe hands' saving the 8th penalty by the PDRM. Well done boys! One down One to go!

Bowling - will be held tonight at Ampang Bowl at 8pm. Be there or be square.

Follow @Perakbar on twitter to get the latest scores during this Tripatite games!

Perak Bar Blogmaster
Sent from my BlackBerry® Smartphone

Tri Partite Games 2011

UPDATED - PART 2


*** THE SHOOTING COMPETITION HAS BEEN POSTPONED TO A DATE AND VENUE TO BE CONFIRMED LATER ***

  

TRI PARTITE GAMES 2011

PDRM PERAK* PERAK BAR * PERAK BENCH

Perak Bar, PDRM Perak and Perak Bench will jointly organise the Tripartite Games 2011 which was last held back in 1994. The Perak Bar Sports Committee encourages all the members to participate in this event. The details of the event and the respective Captains are as follows:-

NO	DATE	GAME		VENUE	NOTE
1.	Postponed	Shooting		to be confirmed later	Falling plate with M-16
2.	Friday 27/5/2011 5.30pm	Netball Football		FRU Sg Senam Ipoh.	Game 1 for football and netball.
3.	Friday 27/5/2011 8.30pm	Bowling		Ampang Bowl, Ipoh Parade Shopping Complex
4.	Saturday 28/5/2011 8.30am	Badminton Volleyball Football Darts Netball		FRU Sg Senam Ipoh.	Game 2 for football and netball
5.	Saturday 28/5/2011 5.00pm	Netball Football		FRU Sg Senam Ipoh.	Game 3 for football and netball
NO	GAME		CAPTAIN
1.	Shooting		Lt. Cdr. (R) Norhasham Bin Hj Hasan – 0125210232
2.	Bowling		Tun Ammar Aziz-0195704434
3.	Netball		Ruzitah Sarbani -0175771737
4.	Football		Fey Aqis Mohd Khairuddin- 019-5751661
5.	Badminton		Chong Kok Yew-0125229022
6.	Darts		Kiko Das-0125217611
7.	Volleyball		Adham Jamalullail Ibrahim-0165345487

Yours sincerely

ZAIZURAIMY ABD RAHIM

Chairman

Perak Bar

Sports Committee

OBITUARY : Mdm. Pushpam D/O Subramaniam

Funeral of Madam Pushpam d/o Subramaniam on 26.05.2011 (Thursday) @ 10.00 am

---

Dear Members,

Please be informed that Madam Pushpam d/o Subramaniam of (Messrs Pushpam & Co) passed away yesterday at 9.00 pm. 

Funeral service will be held at 10.00 am at her residence at  No. 148, Jalan Chamberlain Hulu, Taman Chateau Garden, 30250 Ipoh, Perak Darul Ridzuan on 26th May 2011(Thursday) whilst the cortege will be leaving for the Buntong Crematorium at about 11.00 am.

The Perak Bar wishes to extend our deepest condolences to the family and friends of Mdm. Pushpam. She will be missed.

May she Rest in Peace.

Perak Bar Blogmaster

Case Note No. 4 - 2011

Case Note

RISNOBES DEVELOPMENT STRATEGY SDN BHD

V

KOPEEASI MALIMJAYA BERHAD

High Court Ipoh– Civil Suit No. 22-110-2007

Tarmizi bin Abd Rahman JC

22 February 2011

Civil Procedure-Stay of Execution-Summary Judgment-Error in granting Summary Judgment admitted in Grounds of Judgment-Whether a occasion of special circumstances.

Brief Facts

Summary Judgment was entered on 7.12.2009. An appeal was lodged to the Court of Appeal. In the grounds of judgment, the trial judge kindly admitted that the Summary Judgment was granted in error. The learned trial judge proceeded to both identify issues to be tried and under the 2^nd limb of RHC O14 r3(1) the existence of some other reason for the trial of the action.

Counsel for the Defendant naturally relied on the grounds and argued that there exists special circumstance to justify a stay of execution pending appeal.

The celebrated High Court decision in Leong Poh Shee v Ng Kat Chong [1966] 1 MLJ 86 where Raja Azlan Shah J (as his lordship then was) was refereed to, where the following paragraph was commended to the court:-

“Special circumstances, as the circumstances implies, must be special under the circumstances as distinguished from ordinary circumstances. It must be something exceptional in character, something which exceeds or excels in some way that which is usual or common”.

Counsel further submitted that a refusal to grant a stay of execution is akin to issuing a license to the Plaintiff to issue execution based on a Judgment whose propriety is disputed even by the trial Judge.

In reply counsel for the Plaintiff asserted that such error even if true does not constitute an occasion of special circumstance. The Plaintiff relied on the High Court decision in Paranchothi K Ramalingam & Or v Sentul Raya Sdn Bhd [2007] 10 CLJ 421.

In the Paranchoti case, the Judge after granting a Summary Judgment admitted in the grounds that the Judgment was granted in error. The Defendant filed an application to set aside the judgment and/or to in invoking the “slip rule” to amend the Judgment to reflect the opinion expressed by the Judge in the Grounds. The Application was dismissed.

The High Court ruled, correctly, that the slip rule has no application to the facts of the matter. The High Court nonetheless opined that the Grounds of Judgment provides a cogent basis for the Appeal at the Court of Appeal on the existence of issues to be tried.

On the other hand, the High Court accepted the submission by the Plaintiff that even with the admission of error by the learned Judge, it is foreseeable that the Court of Appeal may disagree with the High Court and sustain the Summary Judgment in spite of the Grounds.

The Plaintiff counsel further made a tactical decision not to contest the stay per se but to invite the Court to order a conditional stay on the terms that the entire Judgment debt be paid to the joint account of the Solicitors.

Judgment of Termizi JC

In his lordship’s oral judgment, the High Court ruled that the kind admission of error by the Trial Judge constitute an occasion of special circumstances warranting a stay. The Court also took into account that the short date of the Appeal to the Court of Appeal. 

Commentary

It must be noted that the Plaintiff counsel made a tactically sound decision to invite the court to grant a conditional stay and not contest the application outright.

Despite this decision, the Author commends the High Court for ruling that an error in granting a Summary Judgment is an occasion of special circumstance. A look at the journals indicate that this specific point appears not to have been considered before. On one hand, perhaps because it appears too obvious that such error would warrant a stay but nonetheless by this Judgment, the Ipoh High Court has made a ruling as to what constitutes an occasion of special circumstances.

Dated 3 May 2011

Norazali Nordin

Chair

Professional Development Sub-Committee

Perak Bar 

NOTICE

NOTICE

                BH KOH, SOONG, ZARIN & PARTNERS

                   Advocates & Solicitors 

No.17B & 19B Persiaran Greentown 7

Greentown Business Centre

30450 Ipoh, Perak

Tel: 05-2431101/1102

                              05-2541104/1105/1106

                        Fax: 05-2431103

                Email: law_bhkoh_soong_zarin@yahoo.com

Date: 19.5.2011

To whom it may concern,

RE:  LAST WILL AND TESTAMENT OF THIRUALAGA NATHAN (NRIC No. 411121-71-5165)

We act for the Beneficiaries of the Estate of THIRUALAGA NATHAN (NRIC No. 411121-71-5165) c/o O.A.A. Nagalingam Sdn. Bhd.

We are instructed to enquire whether any firm of Solicitors or anyone with knowledge of or is in possession of a Will executed by the deceased in Malaysia.

Parties with any information are advised to contact us.

Thank you.

Yours faithfully,

BH KOH SOONG ZARIN & PARTNERS

Obituary : Mother of Mr. Andrew Soong Sze Toong

Dear Members,

Kindly be informed that Mr. Andrew Soong Sze Toong's (of M/S B.H.Koh, Soong Zarin & Partners) mother passed away peacefully on the 11/5/2011.

The wake will be held at 7.00 pm at his residence at No. 3, Persiaran Cempaka, Off Jalan Pasir Puteh, 31650 Ipoh and the funeral service will be held on the 13th May 2011 at 10.00 a.m.

The Perak Bar wishes to send our deepest condolences to Mr. Andrew Soong and his family for their loss.

May she rest in peace.


Perak Bar Blogmaster

Law Awareness Booth @ Tanjung Tualang Report

LAW AWARENESS BOOTH AT TANJUNG TUALANG ON 17.04.11

Men Against Violence (MAV) began in 2010 by  Sekretariat Pembangunan Masyarakat dan Sosial Pergerakan Masyarakat Wanita UMNO Negeri Perak and a small group of NGOs, whose mission was to affect social change in the community by making men aware of the prevalence of violence against women.  It was officially launched last year by the Menteri Besar of Perak.  The concept was to develop creative and targeted marketing, education and communication tools to deliver the message that the issue was indeed a man's issue as much as a woman's, since the majority of all violent crimes against women are perpetrated by men.

Since that time, MAV has taken on a road-show concept and has become an annual affair and this year it was held in Tanjong Tualang on 17.04.11.  The event was officially opened by  Malaysia’s most well-known social activist Datuk Paduka Marina Mahathir.  This is a lady most Malaysians speak of in glowing terms regarding her refreshingly fair liberalism, intelligence, opinionated stance and her drive to create awareness for a number of serious issues in this country. She has the interest of the community at heart with her involvement in raising awareness for AIDS, women’s rights and violence against women, as well as being a member of the National Women’s Advisory Council. Perak Legal Aid Centre was among  the several  organizations  invited to set up  information booths to reach out to the public at large and to act as a social-change-agent  to achieve a sense of community and responsibility among men and to engage them in the anti-violence movement.  Its Executive Legal Officer, Mr. M. Gokoolaram Naidu also spoke and shared his experience on Domestic Violence as a panelist in the Forum entitled “Hentikan, Kawal Diri, Gunakan Fikiran”.  Cultural performance by various local artists also focused on the theme of the day thus making the event more meaningful.  The Perak Legal Aid Booth was manned by Puan Noorehan Zakaria along with 8 chambering students.  Looking at the turn-out of visitors at the booths,  the public seemed receptive to the issue in hand and also of their rights.  Later, Datuk Paduka Marina presented Certificates of Appreciation to all participants. According to sources, violence against women is on the rise with the largest increase  found in the offences of intimidation.  Thus this program is focused on educating both men and women on the problem of violence against women and how they can play a positive role in ending it.            M. Gokoolaram Naidu  Executive Legal Officer Perak Legal Aid Centre