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 👏