Civil Procedure

Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

JX GOH

Nov 28, 20217 min read

Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [1998] 6 MLJ 193

The High Court in this case recognised the concept of economic duress. Facts of the Case The defendant held 50 taxi permits for operation...

Bun Fui Min & Anor v Seliang ak Tuah [2010] 9 MLJ 707

JX GOH

Jul 7, 20216 min read

Bun Fui Min & Anor v Seliang ak Tuah [2010] 9 MLJ 707

The High Court dismissed the appeal and refused to invoke Order 1A to overlook appellants' failure to serve the notice of appeal within...

Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

JX GOH

Apr 2, 20219 min read

Goh Teng Whoo & Anor v Ample Objectives Sdn Bhd

The Federal Court had ruled on 5 March 2021 that AR card confirming the defendant’s receipt needs to be exhibited to obtain a JID against...

Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

JX GOH

Dec 8, 20204 min read

Perwira Affin Bank Bhd v Lim Ah Hee [2004] 2 CLJ 787

The Federal Court held that arrears of interest are recoverable up to six years after date of judgment in a bankruptcy proceeding. Facts...

A Quick Guide to Enforce a Judgment – Judgment Debtor Summons (JDS)

JX GOH

Dec 1, 20204 min read

A Quick Guide to Enforce a Judgment – Judgment Debtor Summons (JDS)

What is a Judgment Debtor Summons (JDS)? A judgment Debtor Summons (JDS) is a type of summons issued by the court to compel the judgment...

Anton Piller KG v Manufacturing Processes Ltd and Others [1976] Ch. 55

JX GOH

Nov 27, 20204 min read

Anton Piller KG v Manufacturing Processes Ltd and Others [1976] Ch. 55

This is the case which established the Anton Piller order. Facts of the Case The appellant (Anton Piller KG) is a German Manufacturers of...

American Cyanamid Co. v Ethicon Ltd. [1975] AC 396

JX GOH

Nov 9, 20204 min read

American Cyanamid Co. v Ethicon Ltd. [1975] AC 396

This case established the test required to be satisfied before an interlocutory injunction is granted. Facts of the Case The Appellant...

A Quick Guide to Enforce a Judgment – Writ of Seizure & Sale (Movable Property)

JX GOH

Sep 18, 20205 min read

A Quick Guide to Enforce a Judgment – Writ of Seizure & Sale (Movable Property)

What is a Writ of Seizure & Sale (WSS)? A Writ of Seizure & Sale (WSS) is a direction to the Officers of the Court (Bailiff) to seize the...

Melewar Leisure Sdn Bhd v Danaharta Managers Sdn Bhd [2010] 6 MLJ 317

JX GOH

Sep 2, 20205 min read

Melewar Leisure Sdn Bhd v Danaharta Managers Sdn Bhd [2010] 6 MLJ 317

This is a Court of Appeal case which illustrate the situation where the defendant failed to raise any triable issues to dismiss the...

National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] 2 MLJ 300

JX GOH

Jun 19, 20204 min read

National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] 2 MLJ 300

This is a case on Summary Judgment. Facts of the Case The appellant, National Company for Foreign Trade is a state trading entity of...

Cempaka Finance Bhd v Ho Lai Ying (trading as KH Trading) & Anor [2006] 2 MLJ 685

JX GOH

Jun 18, 20203 min read

Cempaka Finance Bhd v Ho Lai Ying (trading as KH Trading) & Anor [2006] 2 MLJ 685

This is a Federal Court case on the nature of a certificate of indebtedness. Facts of the Case Under a loan agreement dated 17.07.1996,...

Bank Negara Malaysia v Mohd Ismail & Ors [1992] 1 MLJ 400

JX GOH

Jun 15, 20203 min read

Bank Negara Malaysia v Mohd Ismail & Ors [1992] 1 MLJ 400

This case laid down the requirements for a summary judgment. Facts of the Case The first Respondent (Mohd Ismail) had entered into a...

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