Advertisement

Judicial Review of Consumer

2233 Views  ⚫  Asked 4 Years Ago
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
0 had this question
Me Too
0 favorites
Favorite
[ share ]
147 Answers
« Previous   4   5   6   7   8   9   10   11   12   13   Next »  Last »

answered on Nov 6, 2013 at 20:11
by   Bullied
M keeping my fingers crossed. May happens. She had a knack of changing lawyers - maybe don't trust them.
0 found this helpful
Helpful

answered on Nov 7, 2013 at 12:48
by   jeniffer
hi Bullied,

How long did you take to do your oral submission?
Did the lawyer or judge interrupt your speech?
Were you scared?
Did other lawyers look at you?
How did you practice before the hearing?

I have a hearing coming up next month, I hope you can help me practice my speech.
0 found this helpful
Helpful

answered on Nov 7, 2013 at 16:01
by   lawnovice
Did you say the Deputy Registrar advise you to get a lawyer's service?

I see you're doing better/fine without a lawyer.
0 found this helpful
Helpful

answered on Nov 7, 2013 at 20:16
by   virnicia
Hi Bullied,

Congrats.
Earlier in the application they ask that you bear the costs. Luckily notalawyer told you not to worry.
Now you are bullying the lawyer instead by forcing them to pay RM1k.
That is already more than 50% of the original judgement sum!
They should have paid you earlier.  Now they have to pay extra costs and pay their lawyer somemore.

Did you do your oral submission in open court or in judge chambers?
Did the judge speak to you in Malay or English?
0 found this helpful
Helpful

answered on Nov 7, 2013 at 23:34
by   Bullied
Hi Everyone,
Thanks for all your concerns. The lawyer just called me. He is asking his client to pay the awarded cost and proceeding with the Juducial Review filing. The hearing was in chambers. I didn't track the time but entered around 9.05am and came out at 9.49am. Submissions were in English. The lawywr longer. Mine only 2 pages. But Judge allowed the lawyer to counter after mine. Then he proceeded to give his one-liner decision. I was caught off-guard. Thought I would be allowed to answer after the lawyer.

Dear Notalawyer,
What could U do next, in way of preparation? Need your advice so as not to be caught off-guard. This lawyer seems to be more efficient.
0 found this helpful
Helpful

answered on Nov 8, 2013 at 00:26
by   notalawyer
Call the lawyer to ask for any cause papers you are missing, for example the
a. ex-parte application for leave and
b. the Application for Judicial Review itself plus
c. any supporting affidavits.

Then you can study the reasons why they think the Tribunal President was wrong.

Was it a High Court judge that gave the decision that day or was it a Senior Assistant Registrar or Deputy Registrar?

You worry too much...
0 found this helpful
Helpful

answered on Nov 8, 2013 at 00:56
by   Bullied
Dear Jennifer,
I was nervous too. My preparation: i rewrote my submission and then practise a few times before the mirror, trying to speak loudly and clearly.

Hi Notalawyer,
Thanks for the tip. I shall do ask for the cause papers tmr. The Judge delivered his one-liner decision right after the Applicant finished his counter submission before I could say anything to answer the lawyer's allegations about  it being possible  to receive the Form 110 filing in 1 to 2 days' time even if filed by post. But there wasn't any written judgement.
0 found this helpful
Helpful

answered on Nov 8, 2013 at 01:11
by   notalawyer
But there wasn't any written judgement.
You ( the one who won costs ) are supposed to prepare the Perintah, not the Judge.
Anyway you can do that much later.
0 found this helpful
Helpful

answered on Nov 8, 2013 at 14:54
by   Bullied
Oh, within what duration must this be done? Is there any borang that I can get from the court registrar? If not what is the format of a Perintah?
0 found this helpful
Helpful

answered on Nov 8, 2013 at 15:26
by   notalawyer
See example format in William Chan's book.
0 found this helpful
Helpful


« Previous   4   5   6   7   8   9   10   11   12   13   Next »  Last »

Your Answer





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