Malaysian Litigation Series- Interlocutory Applications in Malaysia | 2022

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Malaysian Litigation Series- Interlocutory Applications in Malaysia By Jessie Lee Suan Cui and Raphael Kok Chi Ren

Author Jessie Lee Suan Cui and Raphael Kok Chi Ren
Publication Date Nov, 2022
ISBN 9789672723752
Format Hardcover & Ebook
Publisher Sweet & Maxwell

 

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 :

A number of processes and applications can be strategically used by skilled court attorneys after the filing of an action in court to outwit rivals. These can include a motion for summary judgement, a request for document discovery, or even a request for cost security to put pressure on a plaintiff with limited financial resources. Without a doubt, the successful use of the arsenal of preliminary petitions will contribute to the outcome of any dispute.

The vast array of practises and applications accessible in the preliminary stages of litigation are examined in this book. It gives a clear description of these methods and conducts a detailed examination of the relevant domestic and international case law and legislation. When bringing a claim or defending one, principles are extracted from court rulings and presented simply for easy comprehension and implementation. Practical factors are taken into account to aid in choosing the best technique to use while conducting a case.

The book is structured in a way that reflects the path that litigants normally take from the point at which a lawsuit is filed to the point at which it is dismissed by the court of first instance. To give clear instructions for action and resources for additional research, the pertinent processes, tests, and requirements for carrying out the different interlocutory procedures are meticulously analysed and addressed. A useful collection of forms and precedents is added to the informative text.

Younger litigators learning the complexities of interlocutory applications may find the content within these pages enlightening, and more seasoned litigators will find it useful as a fast reminder and a starting point for additional in-depth research. Judges, judicial officials, civil procedure instructors, and students should all be supportive of it.

Key Features :

  • a thorough reference work devoted to the many facets of interlocutory applications.
  • thorough legal analysis supported by numerous citations to relevant statute provisions and case law.
  • Content is organised and structured systematically to facilitate understanding.
  • Important chapters on ownership of land, summary processes for specific performance, service and setting aside, summary judgement, injunctions, and disposition of cases on a point of law.
  • several precedents and forms, such as notifications of application, affidavits of support, orders, and judgements.

    Table Of Contents : 

    1. Substituted Service, Service Out of Jurisdiction and Setting Aside of Writ
    2. Striking Out
    3. Joinder, Misjoinder and Non-Joinder of Parties
    4. Judgment in Default
    5. Summary Judgment
    6. Other Summary Procedures
    7. Amendments
    8. Conversion
    9. Transfer and Consolidation
    10. Injunctions
    11. Discovery
    12. Third Party Proceedings
    13. Further and Better Particulars
    14. Interrogatories
    15. Interpleader
    16. Security for Costs
    17. Stay of Proceedings

    About the Authors

    Jessie Lee Suan Cui
    LLB (University of Malaya)
    Advocate & Solicitor of the High Court of Malaya
     
    In 2018, Jessie Lee Suan Cui received her degree from the University of Malaya. In 2019, she finished her pupillage with a small litigation company, and in 2020, she was admitted to the Malaysian Bar.
    At Lim Chee Wee Partnership, she is presently a corporate and commercial litigator. Fraud and asset recovery, business disputes, restructuring and bankruptcy work, and international arbitration are some of her professional areas. On her legal blog, where she frequently posts, she concentrates on analysing the most important recent developments in civil process and business issues.
     
    Raphael Kok Chi Ren
    LLB (University of Malaya)
    LLM (University of Malaya)
    Advocate & Solicitor of the High Court of Malaya
     
    Raphael Kok Chi Ren has experience in corporate in-house work, private practise, and university research. He earned his LLB degree in 2008 from University of Malaya, where he graduated as the class valedictorian. He worked as a conflict resolution attorney at Lee Hishammuddin Allen & Gledhill after finishing pupillage and being admitted to the Malaysian Bar in 2009. He joined Shell in 2012 as a corporate attorney in charge of the Asia-Pacific region. He received the ASEAN Legal Business Best Malaysian In-House Lawyer of the Year award in 2014.
     
    Raphael returned to the University of Malaya from 2015 until 2022, where he taught civil procedure, equity and trust, professional drafting, and mooting while completing an LLM by dissertation (full research). His knowledge spans both public and private international law, with a focus on trade and investment, data privacy, and human rights. In high-indexed peer-reviewed publications including International & Comparative Law Quarterly (Cambridge University Press) and ICSID Review - Foreign Investment Law Journal, he has published a number of pieces (Oxford University Press).
     
    Raphael conducts dispute resolution law at Lim Chee Wee Partnership and focuses on business disputes, international arbitration, and asset recovery as of the time of writing. He still actively contributes to national and international publications with essays.

     




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