Limitation law plays an important role in the administration of civil justice in Malaysia. It determines when legal proceedings may be commenced, when rights are extinguished by time, and when access to the courts is effectively barred. The rules of limitation are often deployed by defendants as a threshold defence against actions that have been instituted. Limitation undoubtedly forms a substantive body of rules that shapes outcomes in real and often life-changing disputes.
Recognising the criticality of time-bar, this book provides a vital exposition of the law of limitation currently applicable in Peninsular and East Malaysia. It provides a clear statement of the law relating to limitation of actions in Malaysia and comprehensively examines the ways in which the existing framework may be improved to promote fairness, clarity and legal certainty. The Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak and other related legislation are closely studied to extract the workings of their intricate details.
This book adopts both an analytical and a reform-oriented approach. It brings together statutory provisions, judicial decisions and comparative material to provide a coherent account of Malaysian limitation law as it stands, while also identifying areas where the law produces unjust or inefficient outcomes. Where appropriate, reference is made to developments in other common law jurisdictions to illuminate how alternative approaches might better serve the interests of justice.
This new addition to the Malaysian Litigation Series will undoubtedly provide a contemporary and up-to-date reference to strengthen the armoury of every litigator which is indispensable to practitioners, judges, academics, and students.
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Price:
RM 300.00
Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.
This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.
This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.
Price:
RM 360.00
RM 450.00
“With its rich content and clear, concise explanations of the principles and rules governing civil proceedings, this edition is an invaluable resource for the legal profession or anyone seeking a comprehensive understanding of Malaysian civil procedure.”
—From the Preface of the Editor-in-Chief
Tun Tengku Maimun Tuan Mat
Chief Justice of Malaysia
“The 2024 Edition of the Malaysian White Book will enable the legal practitioner to have a proper understanding and grasp of the Rules of Court 2012 and to navigate through the adjectival aspects of the litigation process and avoid any procedural missteps.”
—From the Preface of the General Editors
Cecil Abraham
Nantha Balan
A good mastery of the Rules of Court 2012 is the foundation of court work and Malaysian Civil Procedure 2024 is an indispensable reference tool that arms the practitioner with current information, practical insights and confidence to succeed in all areas of civil court work. The team of some 100 expert contributors have researched and analysed relevant case law developments to update the commentaries accordingly.
The illuminating commentaries to the Rules of Court 2012 are supplemented by a second volume featuring comprehensive and current annotations to ten key legislation important to civil litigation. The second volume is enhanced with additional Practice Directions from both Peninsular Malaysia as well as Sabah and Sarawak.
The commentaries which have been prepared by a team of specialist practitioners and carefully reviewed by an experienced panel of Advisory Editors offer clear guidance for assured practice at all levels of the Malaysian courts.
Key features
Price:
RM 1,400.00
Price:
RM 595.00
About the Book
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.
Price:
RM 880.00
Price:
RM 280.00
Price:
RM 450.00
About the Book
Price:
RM 240.00
Price:
RM 300.00
"... 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:
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.
Price:
RM 400.00
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.
Price:
RM 120.00
CLICK HERE to purchase The Annotated Rules of the Court of Appeal 1994
Price:
RM 120.00
Price:
RM 120.00
Price:
RM 300.00
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
Price:
RM 425.00
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
Price:
RM 280.00
