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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 Mar 19, 2015 at 17:08
by   notalawyer
Do i need to reply to them?
I think no need lah, since their reply has nothing substantially new.

ATTN.: PUAN -------
For the letter to threaten the bank legal dept, I think no need to address to a specific person, so that they cannot later say that the person was on long leave.
I think can send the letter on Monday.
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answered on Mar 19, 2015 at 21:04
by   Aurora
Thank you Notalawyer. Ill do the needful.

Thanks Big Bro Jeff and 1818. I stil get the shivers whenever they deliver the documents to my office but I was surprised reading their reply #NowEveryoneCanBeLawyers?
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answered on Mar 25, 2015 at 02:46
by   gladt
Hi Aurora,

Sorry I did not follow closely your case.
How is
1. Your claim of RM800 from the Bank ?
2. Full trial, up to what stage now ?

regards,
gladt
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answered on Mar 25, 2015 at 16:35
by   Aurora
Dear Gladt

The 14-day deadline for the lawyer to pay was last Friday. Ive sent my letter to the bank on Monday as i heard nothing from the lawyer. I must thank you for the assistance you offered me - reading your cases on the forum, copy paste your documents filed and sent during your legal course, etc.

The lawyer has replied to my defence filed but so far no news from the court. Am sitting here waiting, fiddling with much worries.
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answered on Mar 25, 2015 at 16:39
by   notalawyer
Hi gladt,

In your full trial, did you or the plaintiff call up any witnesses to testify?
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answered on Mar 25, 2015 at 16:55
by   oreo
just to let you know the limitation defense by you maybe not be upheld in the high court. Most of the time the person in chamber is just a registrar where their decision will be overruled by judges in open court. They are higher in authority.

Have a look in a simple case where limitation will only starts to run when there is a 'demand' from the court. And if you say the bank send to your old address, I believe there is a clause in your agreement (which is standard agreement) that states any changes of address shall be informed by way of written otherwise the bank is entitled to send all letters to your old address and its legal.
the case i put here is just a simple case from Court of Appeal. I believe there will be more cases on 'demand' point perhaps in Federal Court. No one will go against a higher Court's decision if there is any.

https://www.dropbox.com/s/5es34iph86ompfo/_Shinei_Geotechnique_%28M%29_Sdn_Bhd_%26_Ors_v_Ori.PDF?dl=0
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answered on Mar 25, 2015 at 17:00
by   gladt
Hi Auora,

full trial of my caese :
1. After submission of all the relevant paper and marked
   the documents under different categories full trial commenced.

2. Plaintiff first called his witness to testify in the witness box
   
   then I crossed examined the witness.

3. when come to my turn to testify in the witness box,
   i told the court that i am going to engage a lawyer and
   the court granted permission.

4. So i was represented by a lawyer when come to my turn to
    testify.

5. i am not satisfied with the work done by my
   lawyer, and i lost the caes.

6. Later, i terminated the service of my lawyer, and prepared
   the appeal myself. i lost again.

7. i prepared the appeal to Court of Appeal in Putra Jaya,
   i lost my appeal again.

8. i self-represented during the hearing of Creditors petition,
   and this time i won and was awarded cost.

regards,
gladt
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answered on Mar 25, 2015 at 17:18
by   notalawyer
Hi oreo,

Thanks for the given authority.
However, if you read that authority carefully, you can see that
a. In that case, payment was made by the defendant in year 2008 thus extending the limitation time.
In Aurora's case, no payment was made after 2004.
b. The "On Demand" ruling only applied to the guarantors, not to the borrower.
In Aurora's case, there are no guarantors.

We need more helpers to fight this Goliath.
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answered on Mar 25, 2015 at 17:43
by   Oreo
Ya all of your points are valid. Its just that i want to highlight on the 'demand' thingy. Its not when you stop making payment but when the bank starts to ask for it.
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answered on Mar 25, 2015 at 19:38
by   Aurora
Dear Gladt

What a great fight you have won indeed especially when you took the challenge up yourself. May i know how did all these take place Gladt? Your brief on the full trial gives me shivers.

Thanks Oreo on your opinion, authority shared and concerns raised. I went through the authority and found that it differs from my case. Even if the magistrate in her grounds stated that the clock ticks again when the bank issued the letter of demand, she gave a wrong authority i.e. concerning guarantors.

Thank you Notalawyer for your comment.
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