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Congrats to Aurora for High Court appeals win

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asked on Feb 16, 2015 at 14:27
by   notalawyer
This thread continues from
http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2933.htm

Hi Aurora,
Now comes hard part, to win again at the full trial.
Please prepare your defense and post it here for checking.
You don't have much time left, and pls don't do things last minute again.
Also post the Draft Perintah for your High Court win here, you need it to pressure the bank to give up.
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answered on Apr 3, 2015 at 15:05
by   Aurora
Good morning @Notalawyer

1. When i received the call, the officer - from the wrong dept - told me that his dept was shocked to receive the email from their legal dept wrt the costs awarded. He said they didnt take any legal actions against me. I guessed they were scared that i would sit in front of their bank and demand the payment.

2. The cheque was issued by the lawyer's firm on the same day i received the call from the bank and the cheque was delivered to my office yesterday. I must say it was speedy that they responded in a week after i sent the letter to the bank.

3. Does it make any difference as to who actually borne the costs awarded @Notalawyer?

4. I have the full trial on my mind, how to celebrate?  But i was jubilated when i received the cheque yesterday
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answered on Apr 3, 2015 at 15:23
by   Aurora
Dear En Abu Bakar

1. HL stands for housing loan

2. yes, you're right. the costs awarded RM800 are low. Filing for perintah alone costs me RM80.00  But it's a moral victory

3. I was told that the lawyers would leave a firm if they bungled their cases. I highlighted to the first lawyer that she lied when she filed the notis ketidakhadiran saying i didnt file my kehadiran and that they serviced the writ by hand, in conflict to their affidavit penyampaian filed when they filed their JID application. The second one wasnt prepared at all during the HC hearing and had to endure long lecture from the HC judge. She told me after the hearing I might see her again if she still handles the case. I knew by then she would leave the firm. Them leaving means that they have bungled my case. Again, it's moral victory. Plus, that explains why their reply to my defence was weak.

4.  Ill keep the RM800 for my full trial
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answered on Apr 3, 2015 at 16:24
by   notalawyer
3. Does it make any difference as to who actually borne the costs awarded @Notalawyer?

Yes it does.
Under the Legal Profession Act, a lawyer is not allowed to take up an "equity interest" in their client's case, meaning they are not allowed to pay for a client, or take a part of client's winnings.

By paying for the costs, the legal firm has committed an offence under the Legal Profession Act.
You can scan the cheque and make a complaint to the Bar Council Disciplinary Board
http://www.asdb.org.my/
to force another partner to leave the firm.
This could be another strategy to pressure them to give up on your case.
It is up to you to decide.
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answered on Apr 3, 2015 at 16:26
by   Abu Bakar
who actually borne the costs awarded
Lowyer pays.. admission of due neglience, unpon resignation amount deduct from gaji..
Lowyer firm pays.. admission of owtak services provided to client(who refuses to pay)..
Bank pays.. whole recovery/litigation dept boleh closed shop or no bonus for 2015.. hahahaaa..

But it's a moral victory
NO.. NO.. NO.. It is Justice Done, Served and Vindicated..

Ill keep the RM800 for my full trial

..  :0  I like KFC better..

Y u wori so much.. U SHALL WIN again..!!
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answered on Apr 3, 2015 at 16:30
by   Abu Bakar
Wow.... Dirty Harry strikes again.. Wouldnt wan to cross swords wit...
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answered on Apr 3, 2015 at 17:27
by   Aurora
Dear @Notalawyer

The cheque is from the lawyer's client account. My reading with Msian Bar Council's Get Your Accounts Right, it is stated that under no circumstances can a layer issue a client account's cheque if the particular client has no funds in the account.

Im inclined to lodge a complaint with the Bar Council although the firm may say that they have sufficient funds in the said account, received from the bank for other cases.

Thanks @Notalawyer for the heads up.
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answered on Apr 3, 2015 at 17:38
by   Aurora
En Abu Bakar

KFC not healthy mah!

Thanks for the analysis and the encouraging words.
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answered on Apr 3, 2015 at 18:29
by   notalawyer
For the next step in your case,

1. The bank may ask to withdraw the writ. ( 40% chance )
If they do, don't forget to ask for costs of RM2k this time.
Tell the Magistrate that under Court Rules 2012, plaintiff cannot withdraw without costs after the defence had been filed for more than 10 days.

2. The bank may file an application for Summary Judgment. ( 40% chance )
This is a way for them to avoid a Full Trial.
If they do this, I propose that you also file another application for Summary Judgement as a strategy.

3. The case goes for a Full Trial.  ( 20% chance )
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answered on Apr 3, 2015 at 21:00
by   vkpc
But i was jubilated when i received the cheque yesterday.
I thought you said you shiver when you receive letter from legal firms?
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answered on Apr 3, 2015 at 22:01
by   Aurora
Dear @vkpc

Not this letter because it is just a letter. No attachment but a cheque
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