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Malaysian Litigation Series - Interlocutory Applications in Malaysia

Author:

J. L. S. Cui | R. K. C. Ren

Publication date:

2022-11-30

Quantity

RM 291.20

Product details

ISBN:

9789672723752

jurisdiction:

Malaysia

“Every seasoned and accomplished practitioner would have first mastered interlocutory work. That is how important this publication will prove to be. … [It] will help re-energise and show how useful a tool this aspect of civil procedure is in the overall context of dispute resolution.”
 
 From the Foreword by
Robert Lazar,
Advocate & Solicitor

About the Book

After the filing of an action in court, a series of procedures and applications can be tactically deployed by adept court lawyers to gain an advantage over opponents. These range from summary disposal to discovery of documents or even an application for security for costs to pressure an insufficiently resourced plaintiff. The proper mastery and deployment of the arsenal of preliminary applications will no doubt contribute to success in litigation.
 
This book explores the wide spectrum of procedures and applications available at the early stage of litigation. It provides a good explanation of these procedures and a thorough analysis of the applicable legislation and case law, both local and foreign. Principles are distilled from court judgments and presented clearly for easy appreciation and application when prosecuting a claim or defending one. Practical considerations are included to assist in the choice of procedure to adopt for valuable advantage in conducting a case.
 
The book has been systematically organised to capture the journey that litigants typically navigate from the starting point when a suit is filed until the finish line when the suit is disposed of by the court of first instance. The relevant steps, tests and requirements to carry out the various interlocutory procedures are carefully analysed and discussed to provide clear guidance for action and references for further research. The illuminating text is supplemented by a handy collection of forms and precedents.
 
The knowledge contained within the covers of this book will prove instructive to younger litigators while they master the nuances of interlocutory applications and helpful to those more experienced as a quick refresher and base for more detailed research. It should also be welcomed by judges and judicial officers as well as teachers and students of civil procedure.
 
Key Features
 
  • A comprehensive resource dedicated to the many aspects of interlocutory applications.
  • Careful analysis of the law supported by ample citations of applicable statutory provisions and case law.
  • Systematic structure and organisation of content to aid easy comprehension.
  • Significant chapters on service & setting aside, summary judgment, injunctions, and summary proceedings for specific performance, possession of land, and disposal of case on point of law.
  • Wide collection of forms and precedents including notices of application, affidavits in support, orders and judgments. 
 

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"... a treasure trove of knowledge and information and will be the first point of (quick) reference on injunctions. It deals with the legal and procedural pre-requisites for injunctions in general, and for special types of injunctions as well." 

From the Foreword by YA Tuan S Nantha Balan, Judge of the Court of Appeal

KEY FEATURES:

  • Clear and detailed commentary on substantive law, practice and procedure 
  • Instructive and detailed court forms and precedents by authors who are experienced advocates and solicitors of the High Court of Malaya
  • Detailed and incisive analysis of judicial considerations in the granting and refusal of injunctions, as well as consequences for non-compliance, supported by relevant authorities
  • Valuable comparative analysis on the use of injunctive relief as between Malaysia and other jurisdictions

Injunctions present themselves as a challenging exercise for the practitioner. One needs to be fully conversant not only with the practice and procedure in adjectival law by also wiht the substantive law of the cause in question. For this reason, this text has been written not only with the practice in mind by also with the very many areas of practice that may be involved which are as diverse as family law and intellectual property.

This book aims to explain the law, practice and procedure of injunctions in Malaysia. Written and edited by an eminent legal practitioner, in collaboration with a group of expert authors, this publication has been prepared with court lawyers in mind, specifically those with the challenging task of praying for (and prevailing upon the court to grant) relief in circumstances where damages are simply not an adequate remedy.

The extensive coverage includes Mareva injunctions, Anton Piller orders, interim preservation of property, Erinford injunctions, enforcement of injunctions, Fortuna injunctions and applications under the Companies Act 2016, anti-suit injunctions, Worldwide Mareva injunctions as well as injunctions in matrimonial proceedings, insolvency & liquidation, tort, intellectual property and banking.

This book is useful for lawyers, pupils in chambers, officers of the judiciary and other students of the law with an interest in civil practice and procedure.

 

Format

Book & eBook

Price

(starting at)

RM 416.00

Malaysian Litigation Series - Contempt of Court in Malaysia: Practice and Procedure
Malaysian Litigation Series - Contempt of Court in Malaysia: Practice and Procedure
2022-4-24G.C. Chieh

 

“Contempt of Court in Malaysia: Practice and Procedure is a serious and comprehensive effort from a practitioner’s point of view and the extensive research on this subject adds value to the study and practice of the law on contempt in Malaysia.
 
From the Foreword by
Dato’ Mah Weng Kwai
Retired Court of Appeal Judge, Malaysia
 
About the Book
 
The rules embodied in the law of contempt are intended to uphold and ensure the effective administration of justice. They serve to protect the integrity of the administration of justice, making sure that persons who seek justice and persons who participate in the administration of justice are adequately safeguarded.
 
There being no specific legislation enacted to date on contempt of court in Malaysia, the law governing this subject is primarily common law. This book serves as an important and uptodate source of reference on committal proceedings for practitioners, academics and judicial officers alike. Covering both civil and criminal contempt, it contains the fruit of extensive research into local and UK case law as well as decisions from other Commonwealth jurisdictions like Singapore and Hong Kong. A useful discussion of the freedom of expression and its impact on contempt of court is included, as is a survey of the reform and development of the law of contempt in several Commonwealth countries.
 
Committal proceedings being very procedural in nature, an extensive chapter provides detailed discussion of the law, procedure and relevant considerations in committals. Sentencing principles, mitigation and the types of sentences which may be imposed for contempt are given due analysis, while appeals against the decisions of the courts are also discussed. A helpful collection of forms and precedents applicable to the conduct of committal proceedings complements the valuable legal analysis contained in this book. 
 
Key features
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  • Extensive survey of local and foreign case law, including decisions from the UK, Singapore and Hong Kong
  • Cases are updated as of February 2022
  • Valuable collection of forms and precedents which serves as templates in committal proceedings
  • Two key Practice Directions of the Court of Appeal and the Federal Court
 

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RM 312.00

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Malaysian Litigation Series - Disclosure
2022-8-25T. S. Neng | C. T. K. Seng | D. Nandrajog | N. Devaraja

About the Book

 
Civil proceedings in Malaysia are adversarial in nature with an impartial judge or panel of judges discharging the unenviable task of attempting to determine the truth in making an order or passing judgment. In prosecuting or resisting a claim, it is the role and obligation of parties to discharge their respective legal and evidential burden of proof by presenting or disputing the facts and evidence. To ensure the fair and efficient functioning of this system, compulsory disclosure plays a crucial part.
 
This book sets out the applicable law and procedure relating to disclosure in Malaysia, providing a comprehensive but succinct reference on this important area of civil litigation. It clearly states the law derived from the relevant legislation, case law and the practice of the court.
 
Its thorough coverage discusses the law pre-action, the legal principles and procedure during action as well as discovery post-judgment. Separate chapters are devoted to important matters like third party discovery, objections to disclosure and inspection, interrogatories, further and better particulars and witnesses. The specific consideration of discovery in companies, partnerships, agency and arbitration further adds depth to the coverage of this book.
 
Civil litigators, judges and judicial officers will find this book invaluable for its illuminating treatment of this key aspect of litigation in Malaysia.
 
Key Features
 
  • Clear and detailed commentary on substantive law, practice and procedure, all concisely, plainly and clearly written. 
  • First point of reference on the topic. Useful for practitioners on the go, as well as academics. 
  • Topics are organised systematically and chronologically based on the ordinary course of legal proceedings.
  • Discusses the nuances of the usual tools of disclosure and explores those less commonly utilised.
  • Instructive practical recommendations and court forms & precedents by authors who are experienced advocates and solicitors of the High Court of Malaya. 

Format

Book & eBook

Price

(starting at)

RM 249.60

Malaysian Practice Series - Law and Practice of Civil Litigation in Malaysia
Malaysian Practice Series - Law and Practice of Civil Litigation in Malaysia
2022-10-30R. Lazar | L. Rasa-Ratnam | C. Oh Sheng | Y. Cho Kheong | L. Chee Wee | R. Kok Chi Ren | K. Seah Khye Jie | O. June Han | H. Jack S’ng | H. Ai Ting | G. Sreenevasan | M. Singh Sachdev | M. Chew | S. Yee Chyi Cheng | B. Navin Siva | S. M. Shanmugam | S. A. Thomas | S. Abraham | H. Li Meng | L. Wai Fong | S. Mogan | L. Wong | D. Choo | J. Kannaperan | K. Yin Soon | S. Jessy | Y. De Quan
Quote from Foreword
“Lucid and practical, this is a work that should be on the shelf, and within easy reach, of every serious litigation practitioner.”
From the Foreword by
Datuk Darryl SC Goon
(Retired Judge of the Court of Appeal)

About the Book
 
This book is a comprehensive reference on civil litigation practice in Malaysia. Prepared to unparalleled quality by a team of expert contributors, many of whom are experienced court litigators, and led by a General Editor who is an eminent and distinguished counsel, it provides thorough, in-depth and well-researched guidance for the successful conduct of civil litigation.
 
Prepared with court lawyers in mind, the book covers key topical areas of civil litigation practice as well as costs, alternative dispute resolution and the ethics of litigation. The in-depth commentary in this treatise, which is supported by copious citation of case authorities, applicable statutory provisions and relevant practice directions, contains a wealth of valuable experience to aid its user in navigating through the intricacies of civil practice. The application of the provisions of the Rules of Court 2012 is given careful treatment to ensure a firm appreciation of all the court procedures. Appeals as well as enforcement and execution including bankruptcy and winding up are considered in detail to cover post-litigation matters. 
 
To make this book a complete source of reference for the busy litigator, instructive checklists and useful sample documents have been included to complement the invaluable commentary, making it an indispensable repository of materials to support a productive and successful civil litigation practice. 
 
Key features
  • Experienced and respected authorship with abundant practical experience.
  • Completely up-to-date and covers all key matters encountered in current litigation practice.
  • Clear and detailed commentary on substantive law, practice and procedure.
  • Contains thorough discussion and analysis of the Rules of Court 2012.
  • Provides a systematic examination and explanation of the processes involved in civil litigation in Malaysia.
  • Supported by instructive checklists which provide step-by-step guidance on processes which are especially procedural in nature.
  • Makes available helpful collection of forms and precedents commonly used in litigation.
 

Format

eBook

Price

(starting at)

RM 419.90