Thomson Reuters

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

eBook

Price

(starting at)

RM 223.95

The Annotated Courts of Judicature Act 1964

2021-4-2S. Alagan

The Annotated Courts of Judicature Act 1964 provides invaluable section-by-section annotations to the Courts of Judicature Act 1964, throwing light on the application and interpretation of the provisions of the Act. It is written by an experienced litigator with extensive knowledge of civil procedure and appellate practice in Malaysia. The full text of the Act accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the statute.

The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy reference with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. This Annotation should prove to be very useful for litigation lawyers, judges, court officers and students of civil procedure.

KEY FEATURES:

Rule-by-rule commentary to the Act written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Rules quickly and efficiently
Supplemented by detailed index for easy access to the annotations

Format

eBook

Price

(starting at)

RM 139.97

Malaysian Litigation Series - Interlocutory Applications in Malaysia

2022-11-30J.L.S. Cui | R.K.C. Ren

“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.

Format

eBook

Price

(starting at)

RM 261.27

Malaysian Legislation Series - the Annotated Rules of the Federal Court 1995

2019-12-6S. Alagan

The Annotated Rules of the Federal Court 1995 provides invaluable rule-by-rule annotations to the Rules of the Federal Court 1995, throwing light on the application and interpretation of the provisions of the Rules. It is written by an experienced litigator with extensive knowledge of civil procedure and appellate practice in Malaysia. The full text of the Rules accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the Rules.

The key terms and phrases in each rule are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. The annotations should prove to be very useful for litigation lawyers, judges, court officers and students of civil procedure.

This publication can be used together with The Annotated Rules of the Court of Appeal 1994 for complete and comprehensive guidance to practice in the appellate courts of Malaysia.

KEY FEATURES:

Rule-by-rule commentary to the Rules written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Rules quickly and efficiently
Incorporates amendments made by the respective Amendment Rules 2018
Supplemented by detailed index for easy access to the annotations

CLICK HERE to purchase The Annotated Rules of the Court of Appeal 1994

Format

eBook

Price

(starting at)

RM 111.97

Contempt of Court in Malaysia

2014-9A VIJAYALAKSHMI VENUGOPAL

This textbook and its companion casebook are the first and only books available in Malaysia that contain a comprehensive review of all local contempt cases to draw out the legal principles governing the law of contempt across non-Syariah and Syariah courts in Malaysia. The textbook includes additionally a comprehensive review of all legislation containing contempt-related provisions in Malaysia.

Key Features & Benefits

Comprehensive review of authorities to draw out legal principles
Legal principles discussed under different categories and sub-categories of contempt
- Enables quick discovery of applicable and relevant case authorities dealing with specific contempt issue in question
- Helps reader to easily navigate the diverse forms of contempt
Textbook includes review of multiple statutes and wide range of cases to draw out legal principles
- Contempt-related provisions from over 50 legislations considered
- More than 100 cases on contempt considered
Pulls together a full range of reported contempt cases in Malaysia
More than 250 cases on contempt considered and meticulously indexed in casebook
Covers contempt cases in non-Syariah and Syariah courts

Format

Printed Book

Price

(starting at)

RM 280.00

The Annotated Courts of Judicature Act 1964

2021-4-2S. Alagan

The Annotated Courts of Judicature Act 1964 provides invaluable section-by-section annotations to the Courts of Judicature Act 1964, throwing light on the application and interpretation of the provisions of the Act. It is written by an experienced litigator with extensive knowledge of civil procedure and appellate practice in Malaysia. The full text of the Act accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the statute.

The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy reference with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. This Annotation should prove to be very useful for litigation lawyers, judges, court officers and students of civil procedure.

KEY FEATURES:

Rule-by-rule commentary to the Act written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Rules quickly and efficiently
Supplemented by detailed index for easy access to the annotations

Format

Book & eBook

Price

(starting at)

RM 156.00

Malaysian Practice Series - Law and Practice of Injunctions in Malaysia

2020-11-24R. Lazar | S. Young

"... 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 Practice Series - Law and Practice of Civil Litigation in Malaysia

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

Contempt of Court in Malaysia

2014-9A VIJAYALAKSHMI VENUGOPAL

This textbook and its companion casebook are the first and only books available in Malaysia that contain a comprehensive review of all local contempt cases to draw out the legal principles governing the law of contempt across non-Syariah and Syariah courts in Malaysia. The textbook includes additionally a comprehensive review of all legislation containing contempt-related provisions in Malaysia.

Key Features & Benefits

Comprehensive review of authorities to draw out legal principles
Legal principles discussed under different categories and sub-categories of contempt
- Enables quick discovery of applicable and relevant case authorities dealing with specific contempt issue in question
- Helps reader to easily navigate the diverse forms of contempt
Textbook includes review of multiple statutes and wide range of cases to draw out legal principles
- Contempt-related provisions from over 50 legislations considered
- More than 100 cases on contempt considered
Pulls together a full range of reported contempt cases in Malaysia
More than 250 cases on contempt considered and meticulously indexed in casebook
Covers contempt cases in non-Syariah and Syariah courts

Format

Book & eBook

Price

(starting at)

RM 291.20

Bullen & Leake & Jacob's Malaysian Precedents of Pleadings, Third Edition

About the Book

As accurate pleadings underpin a successful claim brought to court, this home-grown encyclopaedia presents a comprehensive compendium of precedents to support the preparation of pleadings and other related court documents that are comprehensive and sound. Each topic begins with a commentary which provides a succinct account of the applicable principles of law and, where relevant, specific guidelines on pleading. The clear understanding of the applicable law afforded by the commentaries greatly enhances the drafting exercise based on the multitude of precedents available in the publication.

In this edition, the commentaries have been updated to take account of case law and legislative developments, and the precedents revised where necessary. The scope of coverage has been expanded to cover four new topics: Economic Torts, Landlord and Tenant, Limitation Ordinances of Sabah and Sarawak, and Native Customary Rights.

Modelled on the well-regarded UK Bullen & Leake & Jacob’s Precedents of Pleadings, this publication has established itself as the first point of reference for civil practitioners in the drafting of pleadings. It houses the combined expertise of more than 50 experienced practitioners across both mainstream and specialist areas of practice and is undoubtedly the most sought-after guide on pleading for all Malaysian practitioners.

Whether you are looking for a statement of claim, defence, reply, affidavit-in-support, consent order or other court document necessary for your conduct of a case in court, look no further than Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings for reliable and well-drafted sample precedents.

Key Features

4 new areas of law introduced
High quality precedents which can be relied on with confidence
Concise commentaries which may be referred to for a quick refresher of the applicable principles of law
Expert guidance provided by experienced practitioners
Updated and revised to include new developments in the law

Format

Book & eBook

Price

(starting at)

RM 915.20

Malaysian Legislation Series - the Annotated Rules of the Federal Court 1995

2019-12-6S. Alagan

The Annotated Rules of the Federal Court 1995 provides invaluable rule-by-rule annotations to the Rules of the Federal Court 1995, throwing light on the application and interpretation of the provisions of the Rules. It is written by an experienced litigator with extensive knowledge of civil procedure and appellate practice in Malaysia. The full text of the Rules accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the Rules.

The key terms and phrases in each rule are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. The annotations should prove to be very useful for litigation lawyers, judges, court officers and students of civil procedure.

This publication can be used together with The Annotated Rules of the Court of Appeal 1994 for complete and comprehensive guidance to practice in the appellate courts of Malaysia.

KEY FEATURES:

Rule-by-rule commentary to the Rules written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Rules quickly and efficiently
Incorporates amendments made by the respective Amendment Rules 2018
Supplemented by detailed index for easy access to the annotations

CLICK HERE to purchase The Annotated Rules of the Court of Appeal 1994

Format

Book & eBook

Price

(starting at)

RM 124.80

Casebook on Contempt of Court in Malaysia

2014-10A VIJAYALAKSHMI VENUGOPAL

This casebook and its companion textbook are the first and only books available in Malaysia that contain a comprehensive review of all local contempt cases to draw out the legal principles governing the law of contempt across non-Syariah and Syariah courts in Malaysia. The textbook includes additionally a comprehensive review of all legislation containing contempt-related provisions in Malaysia.

Key Features & Benefits

Comprehensive review of authorities to draw out legal principles
Legal principles discussed under different categories and sub-categories of contempt
- Enables quick discovery of applicable and relevant case authorities dealing with specific contempt issue in question
- Helps reader to easily navigate the diverse forms of contempt
Textbook includes review of multiple statutes and wide range of cases to draw out legal principles
- Contempt-related provisions from over 50 legislations considered
- More than 100 cases on contempt considered
Pulls together a full range of reported contempt cases in Malaysia
More than 250 cases on contempt considered and meticulously indexed in casebook
Covers contempt cases in non-Syariah and Syariah courts

Format

eBook

Price

(starting at)

RM 396.58

Malaysian Legislation Series - the Annotated Specific Relief Act 1950

2020-6-10J. Au

The Annotated Specific Relief Act 1950 provides invaluable section-by-section annotations to the Specific Relief Act 1950, throwing light on the application and interpretation of the provisions of the Act. It is written by a legal practitioner with broad experience encompassing litigation, brand enforcement and corporate advisory in Malaysia. The full text of the Act accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the Act.

The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. The annotations should prove to be very useful for lawyers, judges, court officers and law students.

KEY FEATURES:

Section-by-section commentary to the Act written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Act quickly and efficiently
Supplemented by detailed index for easy access to the annotations

Format

eBook

Price

(starting at)

RM 111.97

Malaysian Legislation Series - the Annotated Rules of the Court of Appeal 1994

2019-11-22S. Alagan

The Annotated Rules of the Court of Appeal 1994 provides invaluable rule-by-rule annotations to the Rules of the Court of Appeal 1994, throwing light on the application and interpretation of the provisions of the Rules. It is written by an experienced litigator with extensive knowledge of civil procedure and appellate practice in Malaysia. The full text of the Rules accompanies the high-quality annotations which are insightful, practical and authoritative, enabling a confident understanding of the workings of the Rules.

The key terms and phrases in each rule are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to related provisions which work together with it. The annotations should prove to be very useful for litigation lawyers, judges, court officers and students of civil procedure.

This publication can be used together with The Annotated Rules of the Federal Court 1995 for complete and comprehensive guidance to practice in the appellate courts of Malaysia.

KEY FEATURES:

Rule-by-rule commentary to the Rules written in simple and straightforward style
Commentary supported by copious citation of case authorities
All defined terms are identified with direct cross-references to the provision where each definition is found
Clear page guides assist the user to locate a specific provision or Part of the Rules quickly and efficiently
Incorporates amendments made by therespective Amendment Rules 2018.
Supplemented by detailed index for easy access to the annotations

CLICK HERE to purchase The Annotated Rules of the Federal Court 1995

Format

Book & eBook

Price

(starting at)

RM 124.80

Casebook on Contempt of Court in Malaysia

2014-10A VIJAYALAKSHMI VENUGOPAL

This casebook and its companion textbook are the first and only books available in Malaysia that contain a comprehensive review of all local contempt cases to draw out the legal principles governing the law of contempt across non-Syariah and Syariah courts in Malaysia. The textbook includes additionally a comprehensive review of all legislation containing contempt-related provisions in Malaysia.

Key Features & Benefits

Comprehensive review of authorities to draw out legal principles
Legal principles discussed under different categories and sub-categories of contempt
- Enables quick discovery of applicable and relevant case authorities dealing with specific contempt issue in question
- Helps reader to easily navigate the diverse forms of contempt
Textbook includes review of multiple statutes and wide range of cases to draw out legal principles
- Contempt-related provisions from over 50 legislations considered
- More than 100 cases on contempt considered
Pulls together a full range of reported contempt cases in Malaysia
More than 250 cases on contempt considered and meticulously indexed in casebook
Covers contempt cases in non-Syariah and Syariah courts

Format

Book & eBook

Price

(starting at)

RM 442.00

Malaysian Practice Series - Law and Practice of Civil Litigation in Malaysia

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

Book & eBook

Price

(starting at)

RM 468.00