Advertisement

Appeals Record

466 Views  ⚫  Asked 7 Years Ago
asked on Oct 9, 2010 at 02:13
by   1818
Thanks again, notalawyer!

Is it necessary to include all the "authorities" the bank lawyers filed? For instance, the 026A Application Notice together with the Affidavit and Exhibits (my credit card application form, latest monhtly statement, etc.), the Sessions Court already has a copy.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
37 Answers
 1   2   3   4   Next »  Last »

answered on Oct 9, 2010 at 10:32
by   notalawyer
Lets put together all the documents and see how thick it gets first

1. Summons
2. Statement of Claims
3. Notice of Application for Order26a
4. Affidavit in support of Order26a
5. Defendant's Affidavit in Reply
6. Plaintiff's Submission Skeleton + Authorities
7. Defendant's Submission Skeleton
0 found this helpful
Helpful

answered on Oct 9, 2010 at 10:33
by   notalawyer
Do not include the documents from the transfer application, as it is not relevant to this appeal.
0 found this helpful
Helpful

answered on Oct 9, 2010 at 13:32
by   notalawyer
add more documents we left out...

8. Court Order (Perintah) - use draft from bank lawyer
9. Penghakiman (Judgment) - use draft from bank lawyer
10. Notis Rayuan
0 found this helpful
Helpful

answered on Oct 10, 2010 at 00:02
by   1818
@notalawyer,

Thanks for the list.

I don't remember ever receiving any "6. Plaintiff's Submission Skeleton + Authorities" besides those case laws from the Transfer Application, according to your latest posting, not relevant here.

During the 026A hearing, the bank's lawyer only yak, yak, and yak some more - orally - she did not give me or the judge anything in writing.

I'll need a day or 2 to get all those docs in your list. Thanks again!
0 found this helpful
Helpful

answered on Oct 10, 2010 at 00:29
by   1818
Another thing, notalawyer, if vkpc is right about lawyers charging as much as RM25k to fight a case at the High Court, does that mean the bank will have to pay the law firm that kind of money too? It would certainly put a big grin on my face for a long time if the bank got to pay RM10k and above to fight my case! (When I met a lawyer at the court building the last trip there, she told me a lawyer will charge at least RM10k to represent a case at the High Court.) I read something about paying a deposit for costs to the High Court, if that is true, how much deposit will I be looking at?
0 found this helpful
Helpful

answered on Oct 10, 2010 at 00:59
by   notalawyer
if vkpc is right about lawyers charging as much as RM25k to fight a case at the High Court...
Yes. 10k for half-past-six lawyers who know less than you and 20-30k for reputable law firms.

does that mean the bank will have to pay the law firm that kind of money too?
Banks get 50% discount because they have volume (a lot of people to sue)
But the most frustrating thing is for the lawyers is that they don't get paid anything until the case is fully settled, ie. you stopped appealing, or you exhausted all your appeals.
If you appeal all the way to High Court -> Appeals Court -> Federal Court, it may take 15 years to settle.
On top of that, if you win, the bank will blame the lawyers, saying the made mistakes and don't pay them, and they law firm can't do anything because they need the business. Sometimes the lawyers even have to pay you the costs that you won.

Email the bank law firm and ask for a copy of their Submission Skeleton or ask them to confirm by email that they don't have any bones. (skeletons, haha). Tell them you need it for the Appeal Record.
If they really did not give the judge or file it earlier, then no need their skeleton in the Appeal Record.
You will have an advantage at the appeals if they don't have a skeleton.
Did you give them a copy of your Submission Skeleton at the start of the hearing?

Deposit could be RM 250 for High Court. Sometimes the registrar decides less for people without lawyers.
0 found this helpful
Helpful

answered on Oct 10, 2010 at 02:54
by   1818
NOTALAWYER: Did you give them a copy of your Submission Skeleton at the start of the hearing?

1818: Yes, I did, one to them, another to the judge.

If you are referring to the 026A application hearing, their lawyer did not give me any Submission Skeleton, like I mentioned in my earlier posting, she only gave an oral argument/rebuttal.
0 found this helpful
Helpful

answered on Oct 10, 2010 at 23:53
by   notalawyer
How thick is the Appeals Record now?
0 found this helpful
Helpful

answered on Oct 11, 2010 at 16:24
by   notalawyer
After the Appeals Record is done, you also need to prepare a new Submission Skeleton for arguments at the High Court.
For the Appeals Hearing, your arguments should be slightly different because you should now argue where/how/why the Sessions Court judge was wrong when she allowed the Order26A.
At the lower part before conclusions, you should also add in the Issues Brought Up by the bank lawyer orally during the Order26A hearing and rebut those issues one by one.

Start another thread on the Appeal Submissions and put your draft there.  Don't do this last minute.
0 found this helpful
Helpful

answered on Oct 11, 2010 at 23:28
by   notalawyer
Do not include letters or anything that is not listed in the list i wrote.

Now change that list to a list of contents titled INDEKS and change all the document names to malay.
(follow the titles in the actual document )
Enumerate them.
Post it here for us to check.
0 found this helpful
Helpful


 1   2   3   4   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy and terms of service.