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Self Represent at Mahkamah Rayuan Putrajaya to fight Affin Bank

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asked on Jul 18, 2017 at 17:56
by   kunta_kinti
Dear all,
I am sharing my self represent experience at Mahkamah Rayuan Putrajaya. Welcome all feedback and advice.

Summary of my case background :
My application to set aside Creditor Petition was rejected by Penolong Kanan Pendaftar. 
I made an appeal to Judge in Chamber whom rejected my appeal as well.
Now I am bringing the case to next level; Mahkaman Rayuan Putrajaya.

Things that I have done :
- Paid RM1000 for deposit for this appeal.
- Filed 7 copies of Notis Rayuan at fees of RM600.
- Requested for Alasan Penghakiman (decision made by Commisioner of Justice)
- Drafted and finalized the Perintah  
  
I shall need assistance to complete the preparation of Rekod Rayuan within 8 weeks from decision date.

For those who are interested in my high court appeal process, my previous thread link as below :
https://www.lawyerment.com/answers/questions/12019/self-represent-at-court-to-fight-affin-bank
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answered on Sep 16, 2017 at 14:43
by   vkpc
My humble opinion is that the Commissioner of Justice failed to understand the purpose of the deeming clause below :-

... penampalan-penampalan dan pengiklanan tersebut hendaklah dianggap Penyampaian yang sempurna dan cukup akan Notis Kebankrapan tersebut ke atas Penghutang Penghakiman selepas tujuh (7) hari dari tarikh penampalan-penampalan atau pengiklanan terakhir.

This purpose of this deeming clause in to ensure that the the Notice of Bankruptcy was still valid after 7 days of advertisement and posting.  If not, what is the use of of the deeming clause?
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answered on Sep 17, 2017 at 03:55
by   jebat
It is only common sense that a Notice of Bankruptcy has to be valid at the time and date of service.
Nothing much to argue here.
Maybe the Judge confused the service of a Notice of Bankruptcy with the service of a Writ.
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answered on Sep 17, 2017 at 16:32
by   jeff005
edited Sep 17, 2017 at 17:57
by   jeff005
Re:-

The Deeming Clause

... penampalan-penampalan dan pengiklanan tersebut hendaklah dianggap Penyampaian yang sempurna dan cukup akan Notis Kebankrapan tersebut ke atas Penghutang Penghakiman selepas tujuh (7) hari dari tarikh penampalan-penampalan atau pengiklanan terakhir. 

Can i re-term this as the
Damning Clause
Becuz it may condemn one into a world of bankrupts (even for rich ones as there are restrictions imposed). Please pardon my Harsh inglish as i hailed from an era and being in an era of  dysfunctional, socially educated impaired  legal system.
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answered on Sep 17, 2017 at 21:28
by   kunta_kinti
edited Sep 25, 2017 at 09:15
 
Gxx & Partners failed to attend the 1st hearing. Hopefully they can make it the next hearing.
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answered on Sep 17, 2017 at 23:11
by   notalawyer
Memorandum Rayuan Tambahan is ready?
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answered on Sep 18, 2017 at 00:57
by   vkpc
10. in answer to the appellant’s submission, x, the learned counsel for the respondent, refers to rule 66 of the Bankruptcy Rules 1969 which reads as follows:

Time of day of service.

66.Service shall be effected before the hour of half past three in the afternoon, except on days preceding weekly holidays when it shall be effected before the hour of 12 noon. Service effected after half past three in the afternoon on any week-day except the day preceding a weekly holiday shall, for the purpose of computing any period of time subsequent to such service, be deemed to have been effected on the following day. Service effected after 12 noon, on a day preceding a weekly holiday shall for the like purpose be deemed to have been effected on the day following the weekly holiday.

With respect to learned counsel, this rule 66 is irrelevant to the issue at hand.

This last remark is like a slap in the face for the bank lawyer.
In one sentence, his whole argument about time of service just went into the dustbin.


Lawyers are supposed to be "bijaksana".
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answered on Sep 19, 2017 at 21:52
by   fikri
Bagaimana orang kebiasaan boleh melawan peguam berpengalaman di Mahkamah Rayuan dan menang?
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answered on Sep 25, 2017 at 00:29
by   vkpc
Funny how kunta-kinti have to argue against the Judge instead of argue against the bank lawyer.
Is it because the bank lawyer's arguments are so merit-less, it can be ignored?
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answered on Sep 28, 2017 at 12:43
by   notalawyer
Part IV - Memorandum Rayuan (to state your reason of rayuan)

Actually, the Memorandum Rayuan ( Appeal Memorandum ) is to state where the Judge went wrong.
( in the shortest possible manner )
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answered on Sep 28, 2017 at 13:35
by   kunta_kinti
dear all,
after i receive grounds of judgement from high court, i then file rekod rayuan tambahan to court of appeal. format as below (again it is f.o.c):
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