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Help! notalawyer! 026A Skeleton Summary

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asked on Sep 17, 2010 at 04:24
by   1818
Hi notalawyer,

Could you please provide me with a short Skeleton Summary for my 27 Sept 026A hearing? Thanks!
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answered on Sep 17, 2010 at 13:01
by   notalawyer
Don't be so lazy.
Prepare the draft skeleton and post it here.

Call the bank lawyers to ask them whether they plan to go ahead with the hearing on the 27th.
Most likely they will postpone to reply to your affidavit.
Make sure they email you confirmation that they are going to postpone and mention on your behalf.
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answered on Sep 17, 2010 at 22:43
by   1818
Hi notalawyer,

On second thought, shouldn't I wait for their reply affidavit from the plaintiff before I prepare my Skeleton Summary, especially now that 27 Sept hearing will very likley be postponed? (Frankly, I do not know where or how to start on the Skeleton Summary draft. I thought you have posted a Skeleton Summary here some months back for TAKETHEMON to help him defeat his 026A application. I couldn't find it after a few searches, maybe it wasn't posted in this forum after all.)

A small consolation prize for me is, I did not know the bank's lawyer will most likely postpone the 27 Sept hearing to reply to your affidavit. Haha! This means more delay and the bank has to waste more legal fees on my case, especially now the person in charge, the bank's Penolong Naib Presiden knows I'll be leaving Bolehland for good any day, they may just give up! Any chance of that happening, notalawyer?

The bottom line is, I trust the Afidavit Jawapan - with the many decoys and one potent point your genius non-legal mind helped me craft - will cost their lawyers some considerable time to rebutt, you think?
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answered on Sep 18, 2010 at 02:56
by   notalawyer
Yes, the path of arguments on the skeleton submission would greatly depend on whether they are going to reply your affidavit and their actual reply given.

One more thing, replying an affidavit is called a "reply" and not a "rebuttal."
The word rebuttal is only used in oral debates/submissions.

If they do give up, make sure you attend the final mention/hearing and ask for costs.

Have you called the bank lawyers already?
If they don't plan to ask for postponement, you must ready your skeleton based on a No Reply scenario.
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answered on Sep 18, 2010 at 04:04
by   1818
Hi notalawyer,

I have already emailed the bank's lawyer yesterday (16 Sept), usually she'd reply to my email the very next day but not this time, maybe she has to get permission from the bank and the bank has to decide whether to reply to my affidavit or challenge my late submission, either course of action will cost the bank money. And that is so sweet to know! Anyway, I'll contact the their lawyer if she still doesn't reply to my 16 Sept email by Monday afternoon. That Afidavit Jawapan you helped me create is not something they can simply ignore, my guess is, that affidavit has thrown a couple of spanners in their 026A application and they're kind of jammed for awhile, you think?

Coming back to the skeleton based on a No Reply scenario, since I do not know where and how to start, can I just those points in my Afidavit Jawapan as the skeleton?
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answered on Sep 19, 2010 at 13:30
by   notalawyer
If they don't reply, they will be slaughtered.  So it is unlikely.
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answered on Sep 20, 2010 at 02:08
by   1818
They will be slaughtered? Really?

Wow! Best news I have heard this year since my PR approval last month!
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answered on Sep 20, 2010 at 22:14
by   1818
Hi notalawyer,

They prefer to be "slaughtered". That's right! The bank's lawyer (Chinese, female in her 20s) told me (amid some hesitancy) that they won't reply to my affidavit, she even told me to be there on the 27 hearing.

Since this same lawyer just repeated what she/the bank submitted in her affidavit at my previous transfer application case to rebut my skeleton summary (besides including a few case laws), should I just repeat what is in my affidavit in this 026A case?

Any tips are very much appreciated!
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answered on Sep 20, 2010 at 23:53
by   notalawyer
Don't be overconfident yet, your chances has just increased from 30% to 50% with the new development.
They might have something up their sleeve like orally objecting to your affidavit due to lateness in filing.
Prepare for this.

They might also withdraw the action on the 27th...
You have to be ready for all possibilities.

No, the skeleton should contain arguments on why the Order 26A application should be rejected.
It should not look like the affidavit but it should refer to paragraphs in the affidavit.

Did you tell them they are going to be slaughtered?
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answered on Sep 21, 2010 at 00:00
by   1818
Hi notalawyer,

1. Nope, I did tell them or the bank they are going to be slaughtered.

2. Could you please clarify what you mean by... "They might also withdraw the action on the 27th." If they do, what does that mean to me?

3. Yes, I feel they may likely orally object to your affidavit due to lateness in filing. May I know how do I prepare for this? (In my email to their lawyer last week, I did clearly state this...

"I tried submitting it on 6 September but the court rejected my applicaton on that day, citing wrong format. Attached also is a receipt from the court that I was there and made payment on 6 September. I do not know exactly why they rejected my format since I have submitted other Affidavits using the EXACT SAME format just a few months ago and they were accepted without any problem."
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answered on Sep 21, 2010 at 01:13
by   notalawyer
If you still did not buy your own copy of the Subordinate Court Rules 1980 book and the malay version Kaedah-kaedah Mahkamah Rendah 1980 soon, YOU are going to get slaughtered on the 27th...
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