In Need Of Sample Of Rekod Rayuan For Rayuan Sivil At Mahkamah Tinggi

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asked on Apr 29, 2023 at 17:54
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Hi all,

Just got to know this helpful forum around today. May I have a sample of rekod rayuan for rayuan sivil at the high court or what needed to be included inside for this document?

Thanks a lot! 
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answered on May 1, 2023 at 09:15
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edited May 1, 2023 at 09:52
by   jeff005
Penyediaan Rekod Rayuan. BAHAGIAN IV. DOKUMEN BAGI RAYUAN. Kod warna. Ikatan teras bersama. Hujahan bertulis. Dokumen yang dirujuk dalam Mahkamah.

Google :

"prosedur rayuan ke mahkamah tinggi"

samples/images are available within.

inside for this document?
There is no one doc but a "Bundle" of docs.
It would be wise to seek the services of Legal Professionals. 
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answered on May 1, 2023 at 17:27
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Hi , thanks for your reply Jeff.

I did google lots of it before I came over to here but unfortunately all I found was indeks for rekod rayuan at mahkamah rayuan not mahkamah tinggi as I do not know that whether it is the same for both or is there anything that needed for mahkamah rayuan but not needed for mahkamah tinggi as mahkamah rayuan is at a higher level.

I did know that rekod rayuan is a bundle of docs but I'm not sure which docs need to put inside and which do not need to put inside. 

My family can't afford for the lawyers fees for defamation case as they charge the fees for sessions court was already rm20k-50k and now it's in high court so the fees would be much more higher than before. 

Thanks a lot!
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answered on May 1, 2023 at 18:18
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edited May 1, 2023 at 18:50
by   jeff005
Qs..

1. Who told you that you can appeal? Your lawyer?

2. What are your grounds for appeal? (The "Hujahan"?)

3. You have received a copy of the Judge's written judgement?

4. How much moneys was awarded to the Plaintiff?

5. How long was the case? How many hearings in court?

Try Google "Rules of Court 2012", you "might" find some clues to it.
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answered on May 1, 2023 at 19:05
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edited May 1, 2023 at 19:07
by   Danny007
1) The Judge of the Sessions Court said that if unsatisfied with the results can appeal to High Court.

2) My dad suing our neighbours for defamation cause he kept on scold us vulgarities and also crazy and go to Tanjung Rambutan and even scold my grandma more harsh words where all of these were recorded with CCTV and handphones. But when we wanted to submit the prove to let the Judge see the Judge rejected saying that he don't see the proof and then on the next trial the Judge said that the Plaintiff ( My dad) case was strike out cause "tidak berasas" so we decided to appeal to the High Court for this matter.

3) No

4) Need to pay RM2000 to the Defendant's lawyer

5) Around half year. 11 times including trial and case management.

Did read the "Rules of Court 2012", have a parts saying what to included in Rekod Rayuan but didn't say in order and not in detail like those sample of Rekod Rayuan for Mahkamah Rayuan.
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answered on May 1, 2023 at 22:41
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edited May 1, 2023 at 23:01
by   jeff005
@Danny007

What i will be commenting below is for/at Danny007 case and it is non-legal comments.

Exactly 1 year ago started May 2022, i was in 4 cases. 2 Defamation and 2 Criminal Intimidation lawsuits and it is ongoing. My involvement is due to long time friendship and as a neutral party. I had full documentations (copies) So, maybe i would share my experiences here with you - ONLY..

1) The Judge of the Sessions Court said that if unsatisfied with the results can appeal to High Court.
Normally it would be the lawyer (losing party) who would instigate any "appeals".

For the Judge to say it to you, then i,m pretty sure the Judge is confident that your appeal would fail.

2) My dad suing our neighbours for defamation..
Off hand, you did not state what you wanted from this lawsuit, what costs you are asking for and legal recourse arising from this lawsuit, age of respondent and any provable altercations.

2 (a) But when we wanted to submit the prove to let the Judge see the Judge rejected saying that he don't see the proof 
In any lawsuit, the first filing in court is known as the "originating summons" (Saman Pemula). Your supporting affidavit must include costs and with evidences/causes for the lawsuit. What financial losses arising from the defamation.

"tidak berasas", my personal opinion and interpretation is that no solid evidence has been tendered in the Saman Pemula.

4) Need to pay RM2000 to the Defendant's lawyer
My opinion this 2K is "Court Awarded Costs" for this case. Not to the defendant's lawyer. This is why for appeal, need to see the Judge's written Judgement.

5) Around half year. 11 times including trial and case management.
i do not understand why there so many times
Normally
1st Hearing is case management
2nd Hearing is Trial Hearing when the respondent contest the lawsuit.
3rd Hearing - over??
What causes the multiple times? Postponement? By which party?

not in detail like those sample of Rekod Rayuan for Mahkamah Rayuan.
Can mean there isn't.

The main presentation would be
What is this appeal for..
A copy of the written judgment
Your cause/reasons for the appeal (quote past cases - if any) and in what manner you disagree with the written judgment (or what possible mistakes the presiding judge has made. It must be based on Law Facts.

My final comment :
1.  Many lawsuits were "strike off" due to incomplete causes /provable causes, stated within, in the originating summons.

2.  If you file an appeal to the high court, your lawyer charges would be around 3-5K and if your appeal is strike off (Just one hearing only), there can be 3-5K Court Costs awarded to the other winning party.

3.  The critical issue is the "tidak berasas"

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answered on May 2, 2023 at 02:14
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Thanks for your advice and your experience Jeff! Appreciate it.

1) Because we didn't hire any lawyer during the trial at Sessions Court so maybe that's why the Judge told us that or maybe like what you said. 

2) My dad asking for RM 1M and wanted to apply for injunction to stop the neighbour from verbally abuse us. 

2a) My dad uses Writ Summon and Pernyataan Tuntutan instead of Saman Permula for this case. We wanna submit the pendrive with evidence to the interpreter of the Judge but they don't accept so we file a Notis Permohonan to submit the pendrive with evidence during the trial but the Judge refuse to see the evidence. But we did list down the wrong doing that the defendant did but we can't put the evidence in the documents as all the evidences was in video form.

4) Oh I see. We never receive the Judge's written judgement yet for now.

5) For the first 3 or 4 times of the hearings, the defendant refuse to go to the court and didn't even submit the pernyataan pembelaan so my dad asked the Judge to get Judgement In Default (JID) since the defendant refuse to do anything but the Judge refused to give the JID but the Judge give us an order to stick the court notice at the defendant's house, notice board of the condominium and also publish in the newspaper. Then only at the next hearing (3 months after Writ Summon was filed) the defendant submitted the pernyataan pembelaan and came by himself and the Judge gave him 2 weeks to find a lawyer. After that during the next hearing date, the defendant came by himself again and telling lies to the Judge said that the lawyer he recruit passed away but actually that lawyer that he "recruit" passed away 1 month ago even before the first hearing that he came and my dad told the Judge that the defendant was telling lie to the Judge but once again nothing happen and the defendant was given another 2 weeks to find another lawyer. 4 months later after the Writ Summon was filed then only the defendant's lawyer filed in his pernyataan pembelaan. Then the Judge give us a few date where each date Plaintiff or Defendant need to file in which documents ex. Affidavit Balasan, Affidavit Jawapan and Hujahan Bertulis. But the defendant lawyer always late to submit (pass the date given by the Judge) only submit when the hearing is starting. My dad ask the Judge to cancel out the defendant lawyer's document as he is always late to submit but once again nothing happen. The second last trial hearing my dad wanted to submit the pendrive with evidence as the Notis Permohonan submitted but end up got rejected as the Judge said he don't look at the evidence. Then at the last trial date, the Judge just strike off my dad's Writ Summon giving the reason "tidak berasas".

By any chance do you happen to have a sample of Rekod Rayuan from your previous cases or is it not appeal case. As I wanted to know what to include in the indexes of Part A, B,C or D and how to prepare the pages for the documents used in the previous trial.

Thank you so much!
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answered on May 2, 2023 at 13:48
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edited May 2, 2023 at 14:08
by   jeff005
@Danny007

From what you have just written as above, you may have read alot and learned from this forum. What you have not learn is ROC 2012 and what groundwork people have done esp of those who had done self representing in court.

From my memory there are 2 cases who were successful in making appeals to High Court (rejected) and then to COA (successful), read thru them and perhaps you might find some hints to their road/route for the appeals.

Google under this webpage 
1.  harapan besar
2.  Kunta_kinti

But don't ask me why is this and that.. i refused to comment on these past incidences. If you want to learn things.. learn of their failures as well as their success. The court process (Lower Courts) would likely be the same - basic Litigation Lawsuit. No need to ask them also, they no longer read this forum. They have emigrated to "Lowyat Forum" 3 years ago. Ask them there.

Curious Qs :-
You need not reply

1. Age of respondent & sex, what was declared by him/her, in gainful employment or not, their unit is owned by them or rented.

2. [1) Because we didn't hire any lawyer during the trial]
Your father self represented during the trial? Could not afford the subsequent legal fees? If cannot afford the fees, then why sue people? 

3. [2) My dad asking for RM 1M and wanted to apply for injunction to stop the neighbour from verbally abuse us.] 
What could be your "losses" from the verbal abuse? 1M? Proof?
Injunction/verbal abuse  is incorrect. It doesn't work that way. I have had injunctions, IPO issued against me.. (from my ex-wife), nothing works.

What is the value of the condo unit (if own by the defendant?)

One must understand what is general defamation (saman malu). There is also criminal defamation.

Your general description of the sessions court (in Bahasa is correct)
I have always apply the term "originating summons" is because what you want from this lawsuit should be inside. Did you show or present 1 vdo (with official malay transcripts) as evidence or mentioned that there are more vdos that can be produced subsequently?

How many VDOs in the pendrive you planned to present in court?

Judge refused to give the JID but the Judge give us an order to stick the court notice at the defendant's house, notice board of the condominium and also publish in the newspaper. 
The Judge is correct.. it is the correct procedure because of RM1,000,000 lawsuit.
The current bankruptcy threshold is only 100,000
Did your ex lawyer show proof of the originating Writ of Summons being served to the respondent? (or refused to be served?)

What was being displayed is a "Summons to attend court proceedings". Failure to do so is "Do not stop at GO.. str to JAIL".

my dad told the Judge that the defendant was telling lie to the Judge but once again nothing happen
What powers your dad has to "tell" the Judge that the other party is lying. He has to show proof via filings or request for "proof" during the proceedings. Your dad has merely "irking" the Honorable Judge.

Self representing has limited "powers to talk" in court and must be basic law facts. What your dad has done is not correct. Your dad could have been viewing too many Hong Kong "Law" dramas. In essence, Malaysia court proceedings does not work like in HK movies or dramas.
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answered on May 2, 2023 at 22:12
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Alright I'll go and have a look on those 2 cases. 

1) 55 years old male, he declared that he is a labor (don't know is true or not). The unit is owned by his ex-wife.

2) Yes he self represented himself. Yes we could not afford as recently we spent lots of money for emergency issue and they charges for like RM20k to RM50k which is really high to us. If we didn't sue him then he will keep on do what he did to us non stop. He started from scolding crazy, go Tanjung Rambutan, go eat medicine to your mum "my grandma" got fxck how many times by other guys only give birth to you "my dad" to one point when my dad and grandma was watching mechanics repairing our car then he came to say that "you got fxck how many times by other guys to give birth to your son" to my grandma in front of the mechanics and suddenly assault my dad with stick till his head bleed and push my grandma fell down to knock bench. We did report all his doing to the police over the 4 years but the police never even take action once. So we got no choice but to sue him in court.

3) My dad and grandma's reputation? As when he scold the whole condominium able to hear what he saying and what he scolded in front of the mechanics. 1M= 1 millions. We have all the CCTVs and video recordings as proof. They refused to watch even a single VDO. Planned to present 4 main VDOs and have lots of VDOs throughout these 4 years. The value of the unit should be around RM300k.
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answered on May 2, 2023 at 23:51
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edited May 3, 2023 at 00:13
by   jeff005
Notes :

1. The unit is owned by his ex-wife. The value of the unit should be around RM300k
2.  notice board of the condominium
3.  My dad asking for RM 1M and wanted to apply for injunction to stop the neighbour from verbally abuse us.
4..  over the 4 years but the police never even take action once.
5.  assault my dad with stick till his head bleed
6.  My dad and grandma's reputation?

My personal comments, non-legal, non-intrusive.

[4..  over the 4 years but the police never even take action once]
Have you check with the police properly if this guy has some mental problems? There could be reports against him before and the police is powerless to deal with such cases. He can be normal at times and being aggressive to the people he does not like.

[1. The unit is owned by his ex-wife. The value of the unit should be around RM300k]
It is amazing that the ex-wife still allows him to stay in her property. There must have been some merits by him before the divorce. Do you think his ex-wife would pay you if you win?

[5.  assault my dad with stick till his head bleed]
This assault with a weapon and with injuries, alone warrants a 6 months Jail Term
Why no police report or action?. Bring a past event holds no water in court. There must be a medical report of injuries by a Govt Hospital. The mechanics are good witnesses to the crime committed. 

[2.  notice board of the condominium]
Condos are enclaves with their own additional security features.
The proper procedure is to make a report of any altercations to the Security Dept. Then if it be cannot resolve, make a police report. The Condo Management has to make a separate report. The two reports have to be submitted to court as evidence. If not following proper procedures, your the lawsuit holds no water. 
Judges do not want to preside over leaky cauldrons.

[3.  My dad asking for RM 1M and wanted to apply for injunction to stop the neighbour from verbally abuse us.]
Asking for 1M from a laborer? How is he going to pay you if you win? The quoted legal fees is correct for session court cases.
If you file for RM50,000, it would under Magistrate Courts of which the starting legal fees is RM5K-15K.

Injunctions..
What type of injunction you file for?
Interim Injunction (ex-parte)
Interlocutory Injunction (beginning of Trial)
Mandatory Injunction (Permanent) at conclusion of Trial.

Every aspect of what you want must be properly stated in the originating writ of summons.

[6.  My dad and grandma's reputation?]
What is the total earning capacity of both the above?
RM100,000 per year? 1 M per year?
Defamation Lawsuit for financial returns is about compensation for any financial loss.

Similarly, a bankrupt has no financial value, even on his life.
Can confirm the respondent is not a bankrupt?
A bankrupt cannot be sued without the permission of the DGI of insolvency.

It is a risk for a rich man to sue a poor man for any compensation.

It appears to me that de Stockholm Syndrome could have played a part in the Judgment..

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answered on May 31, 2023 at 22:05
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Hi Danny,

I am in the same predicament and have been defamed, and am planning to self represent to sue the person responsible. Is there any way to get in touch with you to learn more about this from your experience?
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