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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 30, 2013 at 14:05
by   Bullied
Confirmed change lawyer. The new lawyer just asked me to sign receipt of their application for postponement because they need time to get hold of cause papers from previous lawyer fm kelantan
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answered on Oct 30, 2013 at 14:30
by   Bullid
The judge fix next hearing 6 nov, "whetheryuou are ready or not" that is his words. The lawyer asked for 8 nov but I not free, then the lawyer said he will free up his schedule. Quite gentleman of him. We exchanged phone and email and he promised to give me a copy of his submission before hearing date. Hopefully he does.
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answered on Oct 30, 2013 at 16:36
by   Bullied
The new lawyer now has advantage over me because he could get a copy of my submission before he prepares his. What can I do? Can I make amendment to my submission?
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answered on Oct 31, 2013 at 15:05
by   notalawyer
The new lawyer now has advantage over me because he could get a copy of my submission before he prepares his. What can I do?

Why you give him your Written Submission so early?
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answered on Oct 31, 2013 at 15:23
by   lawnovice
if the lawyers are crooks, you should play trick on them like sending fake papers etc...

if the lawyers play trick on you, you can lodge complain to:-

http://www.malaysianbar.org.my/complaints_against_lawyers.html

that's the advantage for not being a lawyer 
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answered on Oct 31, 2013 at 19:49
by   Bullied
The Timbalan Pendaftar set 11 oct as last day to submit and serve it on the other party. I thought I should not ignore this deadline.  I didn't think they will change lawyer for the 2nd time. Nor did I think of tricks like you mentioned. Once bitten, twice shy. What can I say. Can I now change my oral submission on next hearing date next week? That is assuming the new lawyer gives me a copy of his submission before the hearing date. Young chap, specializes in patent and IP
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answered on Nov 1, 2013 at 18:31
by   Bullied
Just spoken to the lawyer. He said he can only extend to me a copy of his submission by mon afternoon. Tues is public holiday and wed is hearing date. So likely i won't be able to file a supplementary submission although the lawyer said his submission is short.Could you give me any tips on how to tackle this hearing?
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answered on Nov 3, 2013 at 15:31
by   Bullied
Will try to get the lawyer's sumission early noon on monday and post it here. If necessary, i will file supplementary submission on same day before court close.
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answered on Nov 4, 2013 at 13:13
by   Bullied
Need your advice: on these facts. The Applicant filed an Ex-parte application  for Judicial Review within 40 days from the Consumer Tribunal Award dated 25 july 2012. Then they apply for leave. Leave was granted on 7 feb 2013. They need to file Form 110 latest by 20 feb 2013. But they did not do so immediately. They waited. Then 1 day before the deadline, on 19 Feb only they file for change of solicitor and tried to file Form 110 vide the post even though they knew it was to be out of time as you cannot expext the application to reach the Court in 1 day via AR Registered Post. But their application was rejected for insufficient payment. Again they were careless. Fast forward to today. They applied for extension of time ti file Form 110. The hearing supposed tob on 30 oct 2013, and submission deadline was 11 oct 2013. But they did not comply. AGAIN at the eleventh hour, 1 day before hearing, they filed to change solicitors. In fact, they serve this notice to the 2nd Respondent in Court on Hearing date. Can  we say that the Applicant is not sincere, wasting the Court's time and 2nd Respondent time and purposely delay the proceedings and case management deadlines?
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answered on Nov 4, 2013 at 16:59
by   Bullied
Their submission quoted these "bundles of authorities"
1. Rules of court 2012
1. Scott & English(m) sdn bhd v Leikie Refrigeration & Stainless Steel Industries sdn bhd & Ors (1994) 3 CLJ 114.
3. Beauford Baru Sdn Bhd v Gopala Krishnan VK Gopalan (2002) 3 CLJ 686.
4. Sinnathamby Klinda Koundan & Anir v. Lee Chooi Ying & Another case (1987) CLJ (Rep) 336
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