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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 25, 2015 at 20:27
by   gladt
Hi Auora,

Give me sometime, let me dig out my file from

the storeroom, so as to give you more helpful

opinion.

2. when is your full trial? Give preliminary objection
   to any exhibit that you dont agree, dont wait till
   the hearing of full trial, cos by then it could be
   a bit too late

regards,
gladt
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answered on Mar 25, 2015 at 20:34
by   jeff005
The Malaysian Bankruptcy Act 1967 was amended in the year 2003 and came into force on 1 October 2003

On 1st Oct 2003, the Malaysian Bankruptcy Act 1967 has some amendments. Among it was the issue on "social guarantors".

Quote:-
Petitioning creditor to prove to the Court that he/she had exhausted all avenues to recover debts owed to him/her by the debtor before he/she can commence any bankruptcy action against a 'social guarantor'.

It is from here that I perceive/interprete that for a social guarantor to be sued is when all avenues have been carried out on the original debtor(till bankruptcy), only then, a legal proceeding can commence on the guarantor which by then could have exceeded the 6 years limitation period. So, the actual "cause of action" for that "DEBT" is when the day the original debtor defaults on payments starts. For the social guarantor, the 6 year limitation starts on the day the court feels that all avenues have been carried out.

For Aurora case, she is not even a social guarantor but the direct Debtor, hence the 6 years limitation period, by definition of law, starts on the day of perceived default that is in 2004. Some "Higher Authority"/precedents have been passed before 2003, so we may Judges having conflicting opinions on this issue.

@Aurora,
I believe there would be Justice for you, and have full confidence of you winning this round again.
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answered on Mar 25, 2015 at 20:34
by   Aurora
Thanks Gladt. I havent received any letter from the court about the full trial or is there a way for me to find out?
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answered on Mar 25, 2015 at 20:56
by   vkpc
Hi Gladt,

Glad you could help out with your expertise.
Did you or the plaintiff use any affidavits in your "bundle of documents" for the full trial?
How do you prepare and file the witness list?
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answered on Mar 25, 2015 at 21:00
by   vkpc
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.
Notalawyer has already explained, the demand thingy only applies to guarantors.
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answered on Mar 25, 2015 at 21:37
by   gladt
Hi Aurora,

1.Dont worry, each case is different. You have strong ground
  of defence, that is on limitation act. i think, notalawyer
  has rightly interpret the Act.  

2. vkpc, let me look at my file again before giving you answer

3. Go to Law library of university of malaya, to look for authorities ( better,
   from federal court),to support your defence. You can enroll as day user.

4. My claim for cost awarded, i followed instruction from notalawyer,
   finally, the bank legal firm called to inform that they were preparing
   the cheque,this showed that the bank is frightened that i may proceed to
   take action without further reference to them

   regard,
   gladt
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answered on Mar 26, 2015 at 01:39
by   gladt
Hi Notalawyer,

in my full trial, the plaintiff saksi pertama is an officer from account department,
that is the only one saksi.

i, as defendant, called up myself  as defendant saksi pertama.

regarts,
gladt
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answered on Apr 2, 2015 at 20:18
by   Aurora
Dear @Notalawyer

Yesterday, i got a call from my HL officer. He said his dept was shocked to receive the letter from the lawyer asking for the costs awarded to be paid when they didnt take any legal actions against me (am a good paymaster he said). So, i informed him about my CC case and asked him to redirect that to the CC centre.

And today, I got my cheque from the lawyer!

Thank you @Notalawyer for your kindness and guidance. Frankly i dont know whether to feel good or not.

BTW, no news from the court.

And the lawyer i met at the High Court Judge's chamber has left the firm.
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answered on Apr 3, 2015 at 00:33
by   notalawyer
Yesterday, i got a call from my HL officer. He said his dept was shocked to receive the letter from the lawyer asking for the costs awarded to be paid when they didn't take any legal actions against me.
You mean the bank lawyer sued without anybody asking them to sue?

And today, I got my cheque from the lawyer!
The law firm, the lawyer or the bank paid you?

Frankly i don't know whether to feel good or not.
You will feel better if they refused to pay?

Time to celebrate by showing the cheque to your husband.
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answered on Apr 3, 2015 at 03:14
by   Abu Bakar
Apa ni "HL"?

Frankly i don't know whether to feel good or not
Actually the awarded costs is too low, does not commensurate with the efforts and time costs. However, if u feel shyshy, you can always bank it into my CIMB account no: 4658850200000904

Ahaaaa.. u felt "bad" coz 2 lowyers left that lowyer firm after losing to your case..?? Karma.!!!!!!!

500 or 800?
500= BigMac
800= Kenduri

Kenduri tak payah bayar GST.....
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