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New Defence Hearing / notalawyer

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asked on Dec 11, 2010 at 23:12
by   1818
@notalawyer,

My other case (transfer application), the bank's law firm finally rejected my request to mention on my behalf.

* * * * *

Dear Mr. 1818,

We hereby would like to inform to you that the Judge has proceed with the hearing and dissmissed your application to transfer.

The case is now fixed for mention on 20.12.2010 at 8.30am.

Kindly file your statement of defence before the mention date failing which we will obtain judgment in default of defence.

Yours faithfully,
XXX & PARTNERS

* * * * *

I thought they would file for 026A, what do you think is my best move?
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answered on Dec 11, 2010 at 23:32
by   notalawyer
File a bad defence. See William Chan's book for example.
Post it here for us to check.
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answered on Dec 11, 2010 at 23:44
by   notalawyer
This time we will surprise them by appealing to JBHC if you lose the Order26a.
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answered on Dec 12, 2010 at 00:45
by   1818
Thanks for the advice.

I'll post my defence here once I get it typed. For my bad defence, does that mean I need not file any affidavit and just go straight to court on 20 Dec?

After I lose my bad defence hearing, could you help me file the Reply Affidavit to their 026A application when the time comes? This will save me about RM140 on the round-trip to KL, my plan is to get my Reply Affidavit stamped by a Commissioner For Oaths in JB, scan and email it to you, more reliable than uysing Pos Laju.

For my other case, do I need to pay both the RM500 deposit + the RM300+ on the same day I file my appeal notice?
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answered on Dec 12, 2010 at 01:05
by   notalawyer
There will be no defence hearing. Just a mention.
Just file the defence at the counter before the next date.
No affidavits since nobody has applied for Order 26a.

For appeals to JBHC only RM 100.
For appeals to Court of Appeals Putrajaya RM 300 + RM 500 deposit.
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answered on Dec 12, 2010 at 01:08
by   notalawyer
Try calling up Jln Duta admin people and ask whether you can attend Court by way of Video Conferencing.
BRM Chang says Kuching court allows this option.
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answered on Dec 12, 2010 at 01:59
by   1818
Is there a deadline to file my defence at the counter before the hearing date?

Even if Jalan Duta accepts video conferencing, I'll still need to go to the courthouse to pay them the RM55 or so first, could you pay for me? If yes, I'll deposit the fee and your petrol cost into your bank a/c this coming Tuesday.

How much does it cost to file my defence? Just a few RM, rihgt? I lend my book to a friend, she is typing out the defennce page for me as I write this. (If you could file the defence for me, that would be great!)
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answered on Dec 12, 2010 at 04:36
by   1818
@notalawyer,

How is this for a bad defence?

DALAM MAHKAMAH SESYEN DI KUALA LUMPUR
DALAM WILAYAH PERSEKUTUAN, MALAYSIA
NOMBOR SAMAN: XX-XXXXX-2010

ANTARA

BANK BERHAD................... PLAINTIF

DAN

1818............................. DEFENDEN

PEMBELAAN

Pembelaan Am

Saya tidak bersetuju dengan jumlah tuntutan plaintif kerana seorang agen plaintif bernama Cik Ruby dari cawangan bank di Jalan Sultan Ismail, Kuala Lumpur mengajak saya memohon kad kredit dengan plaintif. Beliau memberitahu saya bahawa kad kredit plaintif adalah "percuma untuk seumur hidup" tetapi plaintif kemudiannya mencaj akaun saya yuran-yuran tahunan.

Pembelaan ini telah difailkan oleh
Defenden yang beralamat di
xxxxxxxxxxxx
Bertarikh pada haribulan 2010

.......................................
Defenden

Salinan kepada:

1) Pendaftar Mahkamah Sesyen Kuala Lumpur
2) Tetuan xxxxxxxxxx
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answered on Dec 12, 2010 at 15:27
by   notalawyer
Is there a deadline to file my defence at the counter before the hearing date?
Read this statement from the bank lawyers again.
Kindly file your statement of defence before the mention date failing which we will obtain judgment in default of defence.

How much does it cost to file my defence? RM 4 for Magistrates Court and RM 4 for Sessions Court.

I lend my book to a friend...
Why? She has a problem too?  I heard from William Chan that the books are running out of stock in MPH.
Some MPH outlets have finished their stocks. The initial print of 5000 books is almost all sold out.
Must be a lot of people having problems with banks.
They have re-ordered but the publishers are busy editing the Second Edition which will be double in thickness and ideas.

Your draft defence is too short, it should have 2 parts.  Your defence has only one part.  Please change it.
Bad defence does not mean terrible defence.

What about your shop friend?  Can he file for you?
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answered on Dec 12, 2010 at 20:29
by   1818
1. My shop "friend" is not reliable, can't depend on him to do it, the last time, he just asked one of his shop sales girls to do it, was a disaster.

2. I got back my Willian Chan's book late last night, I don't see any part 2 in the sample defence page. DO you have any better sample?

3. Looks like for this case alone, I'll have to make a total of 10 trips to KL!

1st trip to file defence.

2nd trip for the 20 Dec mention - unless they have video conference service.

3rd trip to file 0263A Reply Affidavit.

4th trip for 026A hearing.

5th trip to file Appeal Notice.

6th trip to submit Appeal Record.

7th trip for appeal hearing.

8th trip to file Appeal Notice (Appeals Court)

9th trip to submit Appeal Record. (Appeals Court)

10th trip for appeal hearing. (Appeals Court)

My goal is to delay both my cases till September 2012, right now, it doesn't look like I can afford to take 10 trips to KL and back.
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answered on Dec 12, 2010 at 22:06
by   notalawyer
2. I got back my Willian Chan's book late last night, I don't see any part 2 in the sample defence page. DO you have any better sample?
Part 1. Pembelaan Am
Part 2. Pembelaan Tertentu
See Maxim's defence.

You might win at any stage, so it is not necessarily 10 trips.
I think we should set up some kind of service to help outstation people do filing.
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