MUHAMMAD HAFIZ BIN HASHIM 2011283422 CIVIL PROCEDURE I

INTRODUCTION TO CIVIL PROCEDURE

1. Definition
a. Formal steps to be taken to enforce substantive rights
b. Puts life into substantive law

2. Purpose
a. To ensure fairness and to avoid undue advantage
b. To preserve natural justice – audi alteram partem and nemo judex
c. Examples:
i. Judgment made w/o proper notice and in the absence of both parties may be set
aside
ii. Interim (temporary) injunction shall be made inter parte (2 pts) and ex parte (1
pt) is only allowed in urgent cases

3. Sources
a. Federal Constitution – sets up the court and its jurisdiction
b. Statutes – CJA, RHC, SA, CLA, Limitations Act
c. Secondary sources – case laws

4. Governs
a. Post, pre and during trial

5. Can the appendices be altered or varied?

 Hamzah & Young Sdn Bhd
P claim professional fees from D who counterclaim from
P for breach of contract
P applied for interim injunction so that the building
plans can be used by another architect (this is actually a
permanent injunction)
D objected
Held – in some circumstances variation is permitted to
observe suitability in each circumstances and to avoid
the law to be too rigid

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