Updates of Rules of Court 2012 w.e.f March 1, 2018

As civil litigation practitioners going to court day in day out, Rules of Court 2012 is like a bible for us. Amendments are coming soon, so let’s get familiar with the updates so that we advice clients accordingly. The 4 new provisions under the Rules are as follows:

  1. Proceeding as a pauper

Pauper

Pauper is a poor person. To sue, defend and continue a proceeding in court as a pauper, he must apply to court for an order to proceed as a pauper and he must affirm that he has property less than RM1000 in value.

No court fees will be charged to a pauper, even any solicitor acting for the pauper cannot take fees, though Court may order payment to the solicitors out of the monies received by pauper if he wins the case. Pauper cannot discharge his solicitor without leave of court and neither can his solicitor discontinue their service without providing reasonable grounds to Court.

2.  E-lelong system

Auction

E-lelong, an online property auction conducted by courts for sale of foreclosed properties, is now regulated under Order 13A of the ROC. With e-lelong, bidders can bid online instead of showing up in court to bid. User however needs to be registered to use this system.

Court may order that the foreclosed property be sold by way of e-lelong system and give directions to effect sale including uploading of notice of auction in e-lelong website. Under e-lelong system, a 3% of reserve price will be charged as execution fee.

3.  Set aside, stay and enforce an adjudication decision (Order 69A)

CIPAA

Sections 15, 16 and 28 of the CIPAA do not state the mode and manner of making an application to the High Court, hence the new Order 69A of ROC to provide for the mode and manner of application.

Setting aside is by way of an originating summons while stay is by way of a notice of application after filing of application to set aside. One may seek to enforce the adjudication decision as a judgement or order with permission of Court by way of an originating summons. Read further details in O69A for what is needed for affidavit in support when making such application.

4.  List of exempted laws (Appendix C)

Exemption

Where legislation provide for specific mode and manner to make an application to court, the general rules contained in the Rules of Court do not apply.

Under the amended rules, there are 15 types of proceedings governed under specific written law, for example, matrimonial proceedings are governed under Law Reform (Marriage & Divorce) Act 1976. Mode and manner of proceedings are contained the Act and its Rules.

#RulesofCourt2012  #RuleUpdates

 

Fair and affordable housing should be basic right of all Malaysians

​PR1MA housing scheme has received praises and is considered a noble move to provide affordable housing for the people…until the recent announcement of reduction of moratorium from 10 to 5 years, the effect of which will increase speculation of housing prices. Those who can sell off the units at a higher price can definitely afford another home.

How this will align with the objective of providing affordable housing for its people? Will this result in more homeless people? A single occurrence can have chain effect.

And this housing scheme is considered a caring move for the people….until you see how the end-financing works and how withdrawing from EPF for payment of monthly instalments works.

While this PR1MA scheme is only for people with income, many other housing issues that the government still needs to work out, such as, to provide affordable homes for people without income and yet needs shelters.

After all, fair and affordable housing should be a basic right for all Malaysians.

#AffordableHouses

Changing mindset of taxi operators

While I agree that action should be taken for overcharging by taxi operators, the grounds relied by SPAD under Section 22 of the Act to revoke the taxi operator’s permit does not state clearly requirement on charges and rates.

The existence of overcharging, together with a host of other related issus with conventional taxi service, has brought about the increase of mobile apps based ride-hailing services offering good alternative to meet the needs of commuters for cheaper and reliable transport service.

Never mind that they are illegal, in fact it is because their illegal status that they are able to provide cheaper and reliable service.

Revoking the permit of these taxi operators will only contribute to the increase of these alternative ride-hailing services. It does not contribute to the improvement of the taxi industry.

Rather than complaining and boycotting, what the conventional taxi industry needs is a transformation.

Regulation of both conventional and mobile-apps based ride hailing service are still possible to cater to different categories of passengers but allow more room for introducing suitable business models. For example, coming up with packages for different categories of commuters such as business packages, family packages, professional packages, student packages, golden citizen packages or point system.

The mechanics of the vehicle can be programmed to meter is used, for example, where meters will be switched on automatically once passenger enters into taxi.

But most of all, the mind set has to be changed. You cannot gain riches and yet maintain a poverty mind set.

#SPADrevoketaxipermit