Saturday, 29 December 2018

MY SELF REFLECTION



Things that I learned through out this subject covers so many things. First, I learned a lot regarding procedures to apply for summary judgment. I never knew that in a Summary Judgment hearing, the defendant need to prove that there triable issues and the suit cannot be decided without calling for witness.  Besides, my group was specially exposed to another interlocutory application, which is the striking out application. The opportunity given by Prof Madya Dr Shahrul Mizan is very valuable and I'm so proud that I can learned about it earlier.  I did my industrial training at Majlis Bandaraya Alor Setar, so I didn't had much disclosure related to Civil Procedure. I am more fortunate since I am also the member of the court committee so I have the opportunity to learn more closely with another committee member from Prof. Madya Dr Shahrul Mizan.


Second, I learned a lot from my friends. Being one of the member of Firm 3 make me the luckiest person in my batch. Each one of my firm mate is very helpful, hard working, clever and responsible person. Anytime I don't know anything,I can just asked any of them and they will always explained it to me. Working in a group also teach me to always complete my task earlier than the due date. Moreover my clumsy and negative attitude will also affect them. Besides, the most valuable thing that I learned from my friend is always be positive and try my best to adopt with the new people and surrounding as people and surrounding will never adapt themselves around me. 😂

Third, this subject teach us to manage our time wisely. This is due to the date of filing, date of hearing and the time limit fixed by the Rules of Court 2012. As an addition, I'm becoming a more thorough person since any errors on the documents or procedures will great impact on the lawyer in real practice.

In a conclusion, I learned a lot thru Civil Procedure, under the guidance of Prof Madya Dr Mizan, Dr Haniwarda and Dr Syafinaz. As their student, I am so proud and so excited to learn more from them. Thank you.💓


Tuesday, 25 December 2018

THE LEARNING PROCESS

For Civil Procedure I, Prof. Madya Dr Shahrul Mizan have taught us using the learning approach of 'learn from mistake'. Using the method, we were assigned to manage two different cases for civil suit. The methods would be exactly like the real practice, which we need to commence the legal suit by using the method of writ summon. During this semester, we were required to apply for an interlocutory application which is the SUMMARY JUDGMENT (Penghakiman Terus) At the end of the semester, we are required to undergo a hearing for the purpose of the interlocutory application.


These are the documents that we have filed for the above purpose :
1) Writ Summons
2) Statement of Claims
3) Affidavit of services
4) Memorandum of appearance
5) Statement of Defense
6) Reply to Defense
7) Notice of Application (Summary Judgment)
8) Afidavit sokongan
9) Afidavit balasan
10) Afidavit jawapan
11) Afidavit Pembetulan
12) Notice of application (Striking out)
13) Judgment in Default
14) Memorandum of Non-Appearance
15) Certificate Identifying Exhibits

My group's first case was Quick Commerce Sdn Bhd v Easy Transact Sdn Bhd. This is the civil suit to claim for the repayment of loan that was lent to the defendant for the purpose of the defendant's agent interest.  This case was heard by Dr. Haniwarda bt Yaakob in acting as the Senior Assistant Registrar of Subordinate Court. 


While for the second case, we maintained that the plaintiff's (Golden Years Insurance (M) Bhd) claim against our client (Shahril Azmin) to pay all the bonuses that he have received over the employment period as unreasonable and unjust. The case was heard by Prof Madya Dr Shahrul Mizan in acting as the Senior Assistant Registrar of Subordinate Court. Fortunately the Summary Judgment application was rejected as the plaintiff failed to prove that this is a clear cut case and we (defendant's counsel) managed to raise several triable issues.

The hearing was indeed one of the most thrilling things in my life, but Alhamdulillah and thanks to my firm mates, we managed to get through it 👏

THE BEGINNING OF UUUK 4053 - CIVIL PROCEDURE I 


My group is known as Messrs. Firdaus Zakaria & Associates (Firm 3) consists of lovely members under the supervision of Mr. Firdaus Zakaria who is an alumni of UKM (Batch 15). 




Our Civil Procedure I journey started in 12th September 2018 where we are required to attend an induction course that was held in Bangunan Pengurusan Akademik, UKM. Through the induction course, we have been brief on the subject by Prof. Madya Dr Shahrul Mizan bin Ismail; as the coordinator for this subject.

I have been selected as one of the court committee, whereby the committee will be responsible for checking and receiving file (for the purpose of filing and drafting course paper) through out the semester.

We have been reminded that most of the tasks to be given must be done by group. Hence it is recommendable that we maintained a good relationship with our firm mates. 😉😉