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Judicial Review of Consumer

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asked on Sep 19, 2013 at 18:54
by   Bullied
Hi Notalawyer,
I am impressed with how you help Bert. I need your help. I obtained an Award from Consumer Tribunal against a Maid Agency for a small sum, less than RM2000. But the Maid Agency bring this to the High Court and put me as 2nd Respondent. They also filed for cost if they win this Judicial Review. They have obtained Leave to file but were late to file. So now, they have filed an application for extension of time to file the Form 110 for Judicial Review and  serve to the respondents, Tribunal and Me. The application is due for hearing at High Court end of next month but I have to file written submission latest by 11 Oct 2013. Pls help
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answered on Oct 7, 2013 at 15:10
by   Bullied
I meant filing is out of time.
Do you think I should find out first if they file any reply affidavit to my opposing afidavit?
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answered on Oct 7, 2013 at 15:22
by   notalawyer
Do I need to address the fact that, upon Leave granted on 7 feb 2013, the Applicant actually filed for JR 2 times: first time on 19 feb, 2nd time even after expiry of 14 days from leave?
Trying their luck is not considered as bad faith or insulting the court.  No wrong here.
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answered on Oct 7, 2013 at 15:23
by   notalawyer
Do you think I should find out first if they file any reply affidavit to my opposing afidavit?
If they had filed an affidavit, they would have sent to you, but no harm calling them to ask.
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answered on Oct 23, 2013 at 15:58
by   Bullied
Dear Notalawyer,
The hearing for Extension of time to file Judicial Review will be on next wednesday. So far, I have not received any copy of the Applicant's written submission which was supposed to be filed and served latest by 11 oct. What are the preparation that I could do for the court hearing next week?  Any suggestions? What will happen during the hearing? Do both parties read out their own written submission? Will any party be allowed to call witness? Or is it just straightforward with the Judge asking questions? I don't have any idea what to expect.
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answered on Oct 28, 2013 at 03:02
by   Bullied
Dear Notalawyer,
Can you give me any tips on preparation for this wednesday's high cour hearing on the Applicant's application for extension of time to file Form 110 for JR? Tqvm.
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answered on Oct 28, 2013 at 20:20
by   notalawyer
So far, I have not received any copy of the Applicant's written submission which was supposed to be filed and served latest by 11 Oct.
You can call the other party law firm up and suggest to exchange Written Submissions early.
Tell them this is in line with the best traditions of the bar.

What are the preparation that I could do for the court hearing next week? Any suggestions?
Maybe you could practice public speaking.

What will happen during the hearing? Do both parties read out their own written submission?
Each party could be given time to do an oral submission.
When doing oral submission, if you do not feel confident, you could just read from your Written Submission but try not to make things slow and boring.

Will any party be allowed to call witness?
Sure no lah.  This is not a trial, just a simple interlocutery hearing.

Or is it just straightforward with the Judge asking questions?
Some judges/sar just ask some questions and then decide.
Some don't even ask questions, just hand down the decision.

Go with the arguments in your Written Submission.
Don't try to be smart and add new arguments, you might be stopped by the judge for wasting time.
Don't worry la. Good Luck.
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answered on Oct 29, 2013 at 04:16
by   Bullied
Thanks for the pointers. Is the proceedings of the high court in english or BM? Could it likely be in English since we were asked to file written submission in English?
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answered on Oct 29, 2013 at 13:26
by   notalawyer
Either also can.
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answered on Oct 29, 2013 at 16:44
by   Bullied
The hearing is tomorrow. Until now, I still have not receive a copy of the Applicant's Written Submission. Would it be appropriate to complain to the Judge tomorrow during the hearing? Will it help if I do? It is unlikely that I can get a copy from the lawyer because previously I called her before to ask for afidavits that I have not received but she told me to get it from the Court myself. Thanks.
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answered on Oct 29, 2013 at 17:34
by   notalawyer
Would it be appropriate to complain to the Judge tomorrow during the hearing? Will it help if I do?
Don't complain over trivial matters, it will make you look bad.
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