KIRTHANA THARRANI & CO

ADVOCATES & SOLICITORS PEGUAMBELA & PEGUAMCARA

ADDRESS: 30-2, JALAN PJ8 S, SEKSYEN 8, 46050 PETALING JAYA, SELANGOR.
TEL: 03-58824144 / FAX: 03-58822373
EMAIL: KTCO.LEGAL@GMAIL.COM
WEBSITE: WWW.KTCOLEGAL.COM

PARTNERS BUSINESS HOUR

S.P. KIRTHANA LLB (HONS.) MMU MON – FRI
THARRANI LLB (HONS.) MMU 9:00 A.M. – 6:00 P.M.

OUR REF : KTC/CIVIL1/2022-2023/LITI/KS/W5

YOUR REF : TQ4_T3_W5
DATE : 28.10.2022

Nur Fazini Asro Bt Ramzi Sulaiman

Lecturer, Faculty of Law,
Multimedia University Melaka Campus,
Jalan Ayer Keroh Lama,
75450 Melaka.

Dear Madam,
RE: PROBLEM SOLVING (Naming the Parties)
Q1
(Ali has entered an agreement with Durant Partnership in Ali’s business premise in Ayer
Keroh, Melaka. The action that Ali wish to commence is valued at RM150,000)
The issue above is on how Ali wishes to sue Durant Partnership or named all partners
as defendants.
-O77 R1 ROC 2012-states that any person or more persons claiming to be liable can be sued
under the partnership name.
(1)-Ali may be named “Durant Partnership” as Defendant.
-Case: Re Lai Chew Pang, Ex P The Railway Co-operative Multi-Purpose Society Ltd [1992]
MLJU 68 O10R1 ROC 2012 -Where Ali only named “Durant Partnership” as Defendant - the
service of the writ will be made only to the firm (one defendant only) -therefore judgment
will be obtained only against the firm. If Ali wishes to execute/enforce the judgment,
judgment can only be enforced against the firm. Ali has to obtain leave to enforce judgment
against other partners.
Name/identify the parties

BETWEEN
ALI
(NRIC Num: xxxxx) …. PLAINTIFF

AND

DURANT PARTNERSHIP
(Registration num: xxxxx) …...DEFENDANT

Title of action | Intitulement

(Mg: 72 | SS Ct: 52| HC -22)
IN THE SESSIONS COURT AT MELAKA
IN THE STATE OF MELAKA
Civil suit num: 52-____-2021

BETWEEN

ALI
(NRIC Num: xxxxx) …. PLAINTIFF

AND

DURANT PARTNERSHIP
(Registration num: xxxxx) …...DEFENDANT

WRIT
(2)-Ali wishes to name all as defendants
-O15 ROC 2012-Ali can have more than one def.
-O10R1 ROC 2012-the writ must be served to each and every def - if judgment is obtained,
therefore the judgment can be executed to the defs.

BETWEEN

ALI
(NRIC Num: xxxxx) …. PLAINTIFF

AND

1.DURANT PARTNERSHIP
(Registration num: xxxxx) .... FIRST DEFENDANT
2.BRYAN
(NRIC Num: xxxxxx) …. SECOND DEFENDANT
3. CURRY
(NRIC Num: xxxxxx) …. THIRD DEFENDANT
4. DURANT
(NRIC Num: xxxx) …. FOURTH DEFENDANT
Title of action | Intitulement
IN THE SESSIONS COURT AT MELAKA
IN THE STATE OF MELAKA
Civil suit num : 52-____-2021

BETWEEN

ALI
(NRIC Num: xxxxx) …. PLAINTIFF

AND

1.DURANT PARTNERSHIP
(Registration num: xxxxx) .... FIRST DEFENDANT
2.BRYAN
(NRIC Num: xxxxxx) …. SECOND DEFENDANT
3. CURRY
(NRIC Num: xxxxxx) …. THIRD DEFENDANT
4. DURANT
(NRIC Num: xxxx) …. FOURTH DEFENDANT
WRIT
Q2
The issue here is on Shaq’s civil action vs the estate of the deceased.
How to commence an action vs estate of the deceased?
-Sec 8 (3) (b) (tortfeasor) CLA + Lee Lee Cheng + Mat bin Lim v Ho Yut Kam
- An action vs the estate of the deceased can be commenced/ may be taken within 6 mths
after the estate obtained the Grant of Rep | Letter of Admin
-Shaq cannot commence his action if no one from Kevin’s estate extract the GR/|Letter of
Administration
-What happen if Shaq’s LOP expired - Shaq’s COA is under negligence (torts-Sec 6 (1)
LAwithin 6 yrs fr COA accrues) Lee Lee Cheng -ct has no power to enlarge the COA- LOP
fr COA -June 2010 + 6 yrs = June 2016.
#Grant was extract at July 2016-can Shaq sue the estate? Cannot. Lee Lee Cheng.
-Shaq instead refer to Sec 8 (3) (b) LA-Shaq may commence his action vs Kevin’s estate
under O15 R6A ROC 2012 - ct may give order to Ptf to name the estate of the deceased.
-Shaq may commence/file in action vs Kevin and then file in an application to name the
estate of Kevin to extract the GR.
-How should the parties be named?
BETWEEN
SHAQ
(NRIC Num: xxxx) ...PLAINTIFF
AND
KEVIN
(NRIC Num: xxxx) ...DEFENDANT
WRIT
 BETWEEN

SHAQ
(NRIC Num: xxxx) ...PLAINTIFF
AND
NISHA
(NRIC Num: xxxxx)
(Wife and estate of the deceased, Kevin (NRIC Num:xxx) …. DEFENDANT

NOTICE OF APPLICATION

After Order to extract is obtained

BETWEEN
SHAQ
(NRIC Num: xxxx) … PLAINTIFF
AND
NISHA
(NRIC Num: xxxxx)
(Wife and estate of the deceased, Kevin (NRIC Num:xxx) …. DEFENDANT
WRIT