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 :
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answered on Nov 12, 2017 at 23:46
by   vkpc
Ianya akan terjadi hanya selepas berlakunya penyampaian sebenar (actual service). Ianya tidak bermaksud penyampaian Notis Kebankrapan yang dilaksanakan pada hari ini hanya boleh dianggap penyampaian sebenar selepas 7 hari diserahkan. Tempoh Anggapan penyempunaan serahan yang diberikan Mahkamah ini bertujuan untuk menentukan bilakah berlakunya perbuatan kebankrapan.

This must be the twist and turn kunta-kinti is referring to.
Seems like the bank bank lawyer is confusing "paste" with "service".
Pasting is not Service.  Pasting Date is not Service Date. 
This is why service date has to be calculated from the "7-day deeming clause"
Pasting something on a wall is not the same as giving it personally to a person.
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answered on Nov 12, 2017 at 23:54
by   vkpc
3. Persoalan untuk pertimbangan Mahkamah Yang Mulia ini,‘ adakah Perayu mengalami satu kemudaratan yang serius atau suatu ketidakadilan telah dialami oleh Perayu. Responden menghujahkan bahawa Perayu tidak pernah membuktikan kewujudan kesulitan dan kemudaratan yang serius ke atas beliau.

For something that is clearly obvious, there is no need to state it.
Everybody knows that a person needs to be given the option of 7 days to pay up once he has been served with a valid Notice of Bankruptcy.
If kunta-kinti has not been served with a valid Notice of Bankruptcy,
it means there was no option given at all.
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answered on Nov 14, 2017 at 04:30
by   vkpc
hi kunta-kinti,

Have you calculated how you are going to pull off Plan B on the hearing day itself?
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answered on Nov 19, 2017 at 18:44
by   secretariat

kunta-kinti's appeal will be heard on 9:00 am Tuesday 21 Nov 2017 at

ROOM: MR6   ( Court of Appeal 6 )
Palace of Justice ( Istana Kehakiman )

For those why require transport, please gather at McDonalds Main Place Mall before 8:00am.
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answered on Nov 21, 2017 at 16:22
by   MadBear
Checkmate King2 calling White Wolf
Target exterminated?
Over and out
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answered on Nov 21, 2017 at 18:21
by   jeff005

The Avengers Task Force 1 WON

Time for celebration
Roll out the Red Carpet
Light up the fireworks

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answered on Nov 21, 2017 at 20:58
by   notalawyer
I still can't believe it!
Kunta-kinta won against Affin Bank lawyer at Mahkamah Rayuan.
According to the jurubahasa, this is the first time she ever seen a layman win at Court of Appeals in her entire career.
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answered on Nov 21, 2017 at 21:19
by   jeff005
edited Nov 21, 2017 at 23:01
by   jeff005
Where shall we ALL go to celebrate tonite?

All these while, we have been brainwashed and intimidated by the legal proffession that we must have legal representation by Lawyers at Court Of Appeal level. Win or lose, those lawyers will still be paid. Had kunta_kinti used the services of a lawyer, sure lose, as those lawyers also believe that serving an expired Notis Kebankrapan is a minor defect, curable by the deeming clause, so to speak, also by the COJ... (The Judge who had adjudged kunta a Bankrupt).

The Avengers Malaysia has shown otherwise TODAY...!!!!!!
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answered on Nov 21, 2017 at 21:40
by   vkpc
The funniest dialog that happened was

AFFIN LAWYER:  Please my Lords, this is already the second time we try to bankrupt him.
AFFIN LAWYER:  Please let us win this time.

LEAD JUDGE:  Try again until 100 times.  Appeal is allowed.
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answered on Nov 21, 2017 at 22:05
by   kiki
The funniest dialog that happened was

The funniest court sequel i witness today is.. 
the moment when a layman talks like a lawyer and the real lawyer begins talking like a layman.
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