The Opening of Legal Year (OLY) Sabah and Sarawak in Kuching took place
The Opening of Legal Year (OLY) Sabah and Sarawak in Kuching took place on 10 January. The OLY started with a judges, lawyers and legal officers early morning procession across the city, for about 1 km, followed by a gathering with speeches from the Chief Judge Sabah and Sarawak, Bar leaders speech and the SLA’s speech. It was a great experience joining in the procession with about 300 lawyers marching across town in robe etc led by the judges. The procession is an ancient tradition that tells the layman that the justice system is open for business, and originally also included a visit to the church for divine blessing for the administration of justice. Perhaps it’s time for the judiciary here to also consider bringing back the procession during the OLY here.
‘Pertandingan Penghujahan Mahkamah 2025″
‘Pertandingan Penghujahan Mahkamah 2025″ was organised jointly by the Bar Council, UiTM and Dewan Bahasa dan Pustaka on 11-12 January at UiTM Shah Alam. Organised by the BM Committee of BC chaired by senior lawyer Mr Salehuddin and assisted by Mr Khairul Naim.Two finals took place viz. university students category and young lawyers category. I was invited to sit in the panel of judges for the young lawyers category with a High Court Judge and a Pakar Bahasa from DBP. It was an appeal from a summary judgment application that was dismissed. It was indeed wonderful to observe young lawyers showing their ability, passion and tenacity in presenting their arguments – in the national language without flaw . Personally, sitting on the other side makes one understand what goes in the judges mind and why certain remarks or response were made at certain times during proceedings. A learning trip indeed.Young lawyers category was won by the Terengganu team who as respondent came with a ‘nuclear point’ to blow up the Perak team’s appeal. IIUM won the university category, and guess what, also took the 2nd place.
Opening of the Legal Year (OLY) 2025
Attended the Opening of the Legal Year (OLY) 2025 yesterday at the Putrajaya International Convention Centre. The event saw a gathering of judges, lawyers and members of AGC to mark the start of the year for the legal fraternity and for the fraternity to reaffirm their commitment to justice, constitutional supremacy, and the independence of the judiciary. In her speech, Chief Justice Tun Tengku Maimun noted that this is her last OLY and reflected on her tenure since 2018. She emphasized the judiciary’s commitment to upholding the Federal Constitution as the supreme law of the land, constitutional milestones under her term, and the role of judges. The highlight of her speech was the reminder on the importance of independence of the judiciary and the selection process of judges. The Chief Justice underscored the importance of an independent judicial appointments process, cautioning against any interference that could undermine public confidence in the judiciary and the need for the Executive headed by the Prime Minister to live up to it’s commitment for an independent judiciary and non-interference in judicial appointments. President of the Malaysian Bar Mohamad Ezri Abdul Wahab spoke on the role of the Bar, lack of consultation with the Bar when enacting new laws despite the Bar’s unique expertise on the matter, need for transparency in judicial appointment process, independence of judiciary, prison reform and restorative justice. Attorney General Dato’ Mohd Dusuki bin Mokhtar outlined the AGC’s key achievements in 2024, including the implementation of online systems like e-Daftar and e-Rep to enhance efficiency in criminal case management. He also emphasized the AGC’s commitment to continuous improvement and cooperation with the judiciary and the Bar. OLY serves to refresh our commitment as members of the administration of justice, and of course a chance to reconnect with old friends, and connecting with new friends.
Aggravated damages vs litigation strategy
By R. Jayabalan Medical negligence claims have shown that aggravated damages may be awarded when the defendant’s conduct was high-handed or oppressive so as to increase the plaintiff’s mental anguish, anxiety and suffering. Additionally, aggaravated damages may also be awarded to show the court’s disapproval and contempt of the manner the defendant and his solicitors had conducted his defence in court e.g 1. Denying liability and prolonging trial when liability is clear from the outset. 2. Shifting the blame to the plaintiff during cross examination. 3. Unfair, uncalled for cross-examination. 4. Not disclosing documents or producing witnesses. 5. Tampering with the documents. 6. Being ‘economical with the truth’. This litigation oversight by the court is necessary so that litigation is conducted fairly and equitably notwithstanding the adversarial complexion. Hence defendants (and their solicitors) ought to be reasonable and equitable in staging their defence and playing out their strategy, failing which they must be prepared to pay the additional ‘price’ by way of aggaravated damages when the strategy is caught out in court. R. Jayabalan MESSRS R. JAYABALAN
New Wage Order 2024: Who It Affects and When
By R. Jayabalan The new Minimum Wages Order 2024 [P.U.(A) 376/2024] that provides for minimum wage of RM1,700.00 was gazetted on 4th December 2024. The implementation would be as follows: 1. For employers with five employees or more AND employers falling within professional activities in theMalaysia Standard Classification of Occupations 2020 (regardless of number of employees) – the new wage would take effect from 1st February 2025. 2. Legal professionals and lawyers fall within the professional activities in the Malaysia Standard Classification of Occupations 2020. Hence the new minimum wages will apply to law firms from 1st February 2025. 3. On 1st August 2025 the minimum wage will apply to all employers regardless of number of employees. 4. The new minimum wage will apply to foreign workers as well; but it does not apply to domestics maids. R. Jayabalan MESSRS R. JAYABALAN
ELEVATION PROCEEDINGS was held in honor of Justice Suria Kumar at the Muar High Court.
Elevation proceedings is a proud tradition of the Bar, held to celebrate and felicitate the appointment of a new judge as the King’s judges. In Malaysia it is usually held when a Judicial Commissioner is appointed (elevated) as judge or when a person is appointed directly. It starts with formal proceedings in open court with felicitations by the State Bar, Bar Council and then AGC. Generally, to introduce the new judge to the lawyers, congratulate him/her, express the Bar’s expectation and then offer some words of advice to the new judge. The Judge reciprocates with his appreciation of the Bar, and states his expectations in his court from the Bar. This then followed by refreshments. Currently, sadly, only a handful state bars are organising this, including the Johore Bar. Yesterday, the ceremony commenced with Chairman Mr Fadhil offering his introduction and felicitations welcoming His Lordship to the Bench , followed by my felicitations on behalf of the Malaysian Bar and Tuan Muhammad Azzam representing the AGC. Justice Suria Kumar reciprocated with a speech on his background and shared his experience , thoughts and his expectations of the Bar. He also expressed his deep appreciation to his family and friends especially senior members who had guided him in his 30 years of practice. It was great to see many lawyers attending this appreciating the proceedings. So, what is expected of a judge? Socrates: “Four things belong to a judge: to listen courteously, to answer wisely, to consider soberly and to decide impartially”. Lord Neuberger on the basic qualities for a judge when running a trial: “grip, authority, politeness, fairness, an ability to simplify and an ability to express yourself.” Congratulations, Judge.
Deepavali Eve Open House by Mr Satheesan & Co. Glad to be there and meeting up old friends and sharing old tales
SMALL FIRMS CONVENTION 2024 – KOTA BHARU!
Good topics for discussion and well attended. Well done to the BC Small Firms Practice Committee and the Chairs Hasnifalina Hasanudin and Fauzana Ismail . Looking forward to the next edition of the Convention.
End of the Road for Retrospective LAD Claims
By R. Jayabalan The Ang Ming Lee Saga Ends. Re late delivery LAD claims by house purchasers against housing developers. Ever since the Federal Court decision in Ang Ming Lee in 2020, the issue that kept repeating itself was whether the decision was to be of prospective or retrospective effect. The primary view, and followed by the courts, was that any court decision is of retrospective effect unless directed otherwise viz. expressly directed to be of prospective effect only. In Ang Ming Lee the Federal Court did not make such specific direction of prospective effect, hence the decision was treated as of retrospective effect – following the general law. This then opened the door for purchasers whose SPA and LAD claim accrued before Ang Ming Lee to also take advantage of the Ang Ming Lee decision. Many of them did, and successfully. The complaint that followed was that Ang Ming Lee, with retrospective effect, allowed purchasers to attempt and receive a windfall in terms of LAD, hence grossly unfair to developers who had followed the law as it was at the time of the SPA, and as such the decision with retrospective effect badly affected the housing industry. Well, everything good must come to an end. The Federal Court has now decided that Ang Ming Lee in view of it’s special circumstances, effect and statutory implications ought not be read as of retrospective effect, and must be applied as of prospective effect. In short, LAD claims accruing before Ang Ming Lee cannot take advantage of the Ang Ming Lee effect. Done. Dusted. The Court also answered several other questions in respect HDA and late delivery claims including the limitation issue in such late delivery claims. R. Jayabalan MESSRS R. JAYABALAN
