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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 29, 2013 at 18:47
by   Bullied
When I present or read aloud my written submission, do I refer to myself as 2nd Respondent or ā€Iā€ļ¼Ÿ
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answered on Oct 29, 2013 at 19:17
by   notalawyer
2nd Respondent
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answered on Oct 29, 2013 at 19:27
by   Bullied
I've just called the lawyer. She said she is not representing the Applicant for tomorrow's hearing. Can they just change lawyer last minute like this?
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answered on Oct 29, 2013 at 21:37
by   notalawyer
Can they just change lawyer last minute like this?
Why not?  One possibility is that the current lawyer are not getting paid.

It is possible they may withdraw or ask for postponement tomorrow.
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answered on Oct 29, 2013 at 21:43
by   notalawyer
If they ask for postponement, say you object because already "out of time" some more want to postpone.
If they judge reject their request for postponement, ask for RM 3,500 costs.

If they want to withdraw the application, ask for costs of RM 3,500 as you had to prepared affidavit and written submission.

If they did not turn up, ask the interpreter to call out your case, then ask for RM 4,000 costs.
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answered on Oct 29, 2013 at 21:45
by   notalawyer
If they Agency people come without lawyer, tell the judge that under Companies Act 1965, a company must be represented by a lawyer. ( cannot be represented by executives or managers )
So, have to treat as if they did not turn up.
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answered on Oct 29, 2013 at 22:25
by   Bullied
Whoah, so much possibility. This is getting interesting. Thanks for your advice
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answered on Oct 29, 2013 at 22:54
by   Bullied
They are likely to ask for postponement because until todate, they have not filed any written submission. Unless, without written submission, the Judge allows the hearing to proceed. Can he do that? If not, I'd say 99% they'll ask for postponement. If I object, but they put forth reason is new lawyers need time to study the case, then what?

Todate, they had already used 2 different lawyers. The 1st one filed for Judicial review, without leave, before 40days (as per rules) from Tribunal Award, the 2nd one applied for leave and got it after more than 6 months from Tribunal Award.
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answered on Oct 29, 2013 at 23:10
by   Bullied
What if they send their manager or executive who is duly authorise by the company to attend and ask for postponement with reason being they have to again change lawyer as current lawyer withdraw from this case?
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answered on Oct 30, 2013 at 01:08
by   notalawyer
They are likely to ask for postponement because until todate, they have not filed any written submission. Unless, without written submission, the Judge allows the hearing to proceed. Can he do that?
It is possible but rarely happen, because they would be stupid to proceed without Written Submission.

If not, I'd say 99% they'll ask for postponement. If I object, but they put forth reason is new lawyers need time to study the case, then what?
Just object-lah and see luck.

What if they send their manager or executive who is duly authorise by the company to attend and ask for postponement with reason being they have to again change lawyer as current lawyer withdraw from this case?
By right cannot, becos how can the court know that majority of shareholders agree to let this guy/gal talk?
How can the court verify director's or shareholder's signature in any letter?  The court don't know them.
How can the court even verify that a name card is genuine or is just an imposter who print a name card?

But some judges wrongly allow a Manager or Director to ask for postponement in the interest of "justice".
Just object-lah and see what happens.
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