Without fear or favour - Part 3
Contributed by Rtr Toh Harnniann
“Dengan izin, Puan Hakim, peguamcara Defendan masih tidak hadir” (With permission, Your Honour, the defendant’s solicitor is still absent)
“Kamu ada beritahu dia tarikh hari ini tak?” (Did you inform him of today’s date?)
“Ada, melalui surat.” (Yes, through letter)
“Habis, macam mana sekarang?” (Well, what happen now?)
That was the exact moment I had to declare what my decision was.
Should I decide not to wait for my opponent, I still had 2 available options:-
(a) to request judgment be entered against the defendant as the defendant’s solicitor had failed to appear (which the defendant can later apply to set aside the judgment provided he can give a valid reason for his absence) OR
(b) to request that the merit of this case be heard by the court and let the court decides whether to enter judgment against the defendant (if a judgment is entered under such circumstances, the defendant cannot set aside the judgment, the only remedy available to him is to appeal to the High Court)
I slowly took out my notice of application and my client’s affidavits from the folder and placed them on the table. This was exactly what I said,
“Puan Hakim, memandangkan peguamcara defendan masih belum hadir walaupun masa sekarang adalah 11.30 pagi, saya dengan rendah diri memohon Mahkamah untuk mendengar kes ini dalam ketidakhadiran peguamcara Defendan.”
(Your Honour, since the defendant’s solicitor is still not in court even though the time now is 11.30 morning, I humbly pray that the Court hears this case in the defendant’s solicitor’s absence.)
“Ok, apa kes awak ni?” (Ok, what is your case?)
I started my oral submission by briefing the judge the facts of this matter. I drew the court’s attention to the salient points which would support my case. I further drew a conclusion that the defendant’s defence has no merits and it was merely a tactic to delay and prolong the legal proceeding to frustrate and defeat the Plaintiff’s claim.
After listening to my brief submission, the judge without even looking at me ruled that my application was allowed and judgment entered against the defendant. The merit of this case was heard, the judgment cannot be set aside now. The Defendant can only appeal to the High Court to quash it.
Once I reached my office, I quickly wrote a letter to my opponent, informing him about what transpired in court that morning.
Few hours later, I received his written reply.
(to be continued)
“Kamu ada beritahu dia tarikh hari ini tak?” (Did you inform him of today’s date?)
“Ada, melalui surat.” (Yes, through letter)
“Habis, macam mana sekarang?” (Well, what happen now?)
That was the exact moment I had to declare what my decision was.
Should I decide not to wait for my opponent, I still had 2 available options:-
(a) to request judgment be entered against the defendant as the defendant’s solicitor had failed to appear (which the defendant can later apply to set aside the judgment provided he can give a valid reason for his absence) OR
(b) to request that the merit of this case be heard by the court and let the court decides whether to enter judgment against the defendant (if a judgment is entered under such circumstances, the defendant cannot set aside the judgment, the only remedy available to him is to appeal to the High Court)
I slowly took out my notice of application and my client’s affidavits from the folder and placed them on the table. This was exactly what I said,
“Puan Hakim, memandangkan peguamcara defendan masih belum hadir walaupun masa sekarang adalah 11.30 pagi, saya dengan rendah diri memohon Mahkamah untuk mendengar kes ini dalam ketidakhadiran peguamcara Defendan.”
(Your Honour, since the defendant’s solicitor is still not in court even though the time now is 11.30 morning, I humbly pray that the Court hears this case in the defendant’s solicitor’s absence.)
“Ok, apa kes awak ni?” (Ok, what is your case?)
I started my oral submission by briefing the judge the facts of this matter. I drew the court’s attention to the salient points which would support my case. I further drew a conclusion that the defendant’s defence has no merits and it was merely a tactic to delay and prolong the legal proceeding to frustrate and defeat the Plaintiff’s claim.
After listening to my brief submission, the judge without even looking at me ruled that my application was allowed and judgment entered against the defendant. The merit of this case was heard, the judgment cannot be set aside now. The Defendant can only appeal to the High Court to quash it.
Once I reached my office, I quickly wrote a letter to my opponent, informing him about what transpired in court that morning.
Few hours later, I received his written reply.
(to be continued)
posted by harnniann at 5:14 pm
5 Comments:
He was in office? and not even bother to call u?
em, u have made a right decision.
Dear Harniann,
You have successfully keep your reader in suspense each time you write.
I have been wondering, Do you know the opponent lawyer? "know" in the sense that he is your friend or someone you used to or still hanging out with?
Rgds,
tracy
First of all, i am very disappointed with the lawyer's attitude of being absent. Court is no place like school or office, where providing a valid reason is sufficient to justity an absense. The High Court of Malaya is the place where justice is upheld. It is a sacred place for Malaysians to seek for equity.
The sword to punish
The Draped eyes for impartiality
IT is just not the place for irresponsible people, like the opponent of yours, to contempt. what he meant by his absense? contempt. Is an insult.He ought to be punished. He is a lawyer, but an irresponsible lawyer indeed.
Do not bother about him.
Dear Tracy,
I do not "know" him as in I don't hang out to have tea with him in the court's canteen.
But does that really matter?
Would it make a difference if he was my friend, my ex-classmate?
Errr,
With regard to your question :
Does that really matter?Would it make a difference if he was my friend, my ex-classmate?
I dont really know because i have never been put into that situation.
Cos i think,if i know the opponent well,I might at least attempted to call the opponent before making such a harsh decision.
Do you think that you might decide differently if the opponent is your best friend ie those you always hang out with or yam cha with?
Rgds,
Curious me
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