ATC CLP - PYQs - Civil Procedure (2010-2022)

[CLP] CIVIL PROCEDURE
Index:
No Year / Papers* Page
1 2010 July ……………………………………………………. 1
2 2010 October ………………………………………………... 5
3 2011 July ……………………………………………………. 9
4 2011 October ………………………………………………... 13
5 2012 July ……………………………………………………. 19
6 2012 October ………………………………………………... 25
7 2013 July ……………………………………………………. 30
8 2013 October ………………………………………………... 35
9 2014 July ……………………………………………………. 39
10 2014 October ………………………………………………... 43
11 2015 July ……………………………………………………. 47
12 2015 November ……………………………………………... 51
13 2016 August ………………………………………………… 54
14 2016 November ……………………………………………... 60
15 2017 August ………………………………………………… 64
16 2017 November ……………………………………………... 68
17 2018 July ……………………………………………………. 71
18 2018 November ……………………………………………... 75
19 2019 July ……………………………………………………. 79
20 2019 November ……………………………………………... 84
21 2020 (March 2021) …………………………………………. 87
22 2020 (December 2021) ……………………………………… 94
23 2021 (April 2022) …………………………………………… 100
24 2022 (October 2022) ………………………………………... 106
* Source: http://www.lpqb.org.my/
1
Advance Tertiary College | ATC School of Law
2010 July
2010 July
Answer any four (4) questions. Give reasons for your answers.
1
2010 July
2
2010 July
3
2010 July
4
2010 October
2010 October
Advise Puthusamy regarding Dominic’s application to strike out or set aside the suit (7 marks)
5
2010 October
2.
6
2010 October
4. Answer all parts of this question
(a) State four (4) procedural differences between civil proceedings by or against the
Government and civil proceedings by or against private legal entities, and cite the relevant
statutes or rules of procedure (12 marks)
(b) Under what circumstances will the Court order a solicitor to pay costs personally (4 marks)
(c) Explain the meaning of these terms:
(i) Reserved costs (2 marks)
(ii) Defendant’s costs in any event (2 marks)
(d) Discuss the circumstances when discovery order can be made against a stranger (5 marks)
7
2010 October
8
2011 July
2011 July
1. Answer ALL parts of this question
(a) What are the principles upon which an appellate court will consider whether or not to
allow extension of time for filing a notice of appeal? (6 marks)
(b) Appeal does not operate as a stay of execution. Discuss this statement in relation to the
Court’s discretion with reference to the decided cases. (6 marks)
(c) Explain the meaning of “cause of action”? What are the relevance and importance of the
concept of “cause of action” to a plaintiff who wants to commence a civil suit in Court?
(7 marks)
(d) Explain the importance of the procedure of payment into Court. What are the procedural
steps for making payment into Court? (6 marks)
9
2011 July
10
2011 July
Give your opinion, with reasons, as to whether an injunction should be granted in this case.
(6 marks)
(c) Celine sued Joseph in the High Court at Kuantan for breach of contract in the sum of
RM650, 000/-. After extracting the Writ of Summons from the High Court Registry,
Celine discovered typographical errors in the Statement of Claim.
Advise Celine on the steps to amend the errors in the Statement of Claim.
(4 marks)
(d) Explain the meaning of Mareva injunction and Erinford Injunction and also the
significant difference between these two injunctions. (7 marks)
11
2011 July
12
2011 October
2011 October
Answer any four (4) questions. Give reasons for your answers. Relevant cases and statutory
provisions must be cited in all answers.
13
2011 October
14
2011 October
15
2011 October

(a) Explain:
(i.) the purpose of interrogatories; and (4 marks)
(ii.) the factors to be considered by the Court in exercising its discretion whether to make an
order for interrogatories to be served and answered. (8 marks)
5.
16
2011 October
17
2011 October
7. Answer ALL parts of this question.
18
2012 July
2012 July
Answer any four (4) questions. Give reasons for your answer.
(i) The procedural and substantive provisions, relevant to his case, on the
application to set aside the Registration Order; and (5 marks)
(ii) The merits of the ground, as he was advised, to set aside the Registration
Order (5 marks)
19
2012 July
2.
20
2012 July
Advise GS Sdn Bhd on the correctness of the decision by the High Court Judge in –
(i) granting the inter-parte injunction after he set aside the ex-parte injunction; and
(4 marks)
(ii) refusing to grant the order of assessment. (8 marks)
Chong was shocked to receive the said letter of directive from the Town Council and he now seeks your
advice.
(i) Advise as to whether Chong can add Sempurna Town Council as a co-defendant in Chong’s
existing High Court suit against Samy so that Chong can challenge and set aside the decision
of the Town Council and have all the issues and disputes between the three (3) parties heard
and decided together. (6 marks)
21
2012 July
(ii) Explain the procedure which Chong has to take in order to pursue the remedy (7 marks)
22
2012 July
6.
23
2012 July
24
2012 October
2012 October
You are to advise Ali –

(i) Whether the appearance and the defence filed and served by B Company were in
compliance with the provisions of the Rules of the High Court 1980; and (9 marks)
(ii) Whether Ali is entitled to enter judgement against B Company, and state the type
of judgement and the relevant procedure (6 marks)
Support your answer with reason and case law.
25
2012 October
Advise Alex if he may appeal to the Court of Appeal (4 marks)
26
2012 October
Advise Patrick as to what legal remedy he has in respect of the offending parts of the
affidavit. (8 marks)
(c) Briefly explain the difference between a Mareva Injunction and an order of attachment
under Section 19 of the Debtors Act 1957. (7 marks)
4. Answer ALL Parts of this question
Discuss whether this is a proper case for resorting to the procedure of third party
proceedings (10 marks)
(b) Mydin is a sole proprietor of a business known as Impex Enterprise. Impex Enterprise is
named as the Plaintiff in a Writ of Summons filed in the High Court against Acme Trading,
the Defendant. Acme Trading is a partnership firm under the names of Rashid and Amin.
27
2012 October
Advise if the Plaintiff and the Defendant have been properly named as the parties in the
Writ of Summons (4 marks)
4.
28
2012 October
What steps, if any may Philip take to enforce the aforesaid judgment? (16 marks)
29
2013 July
2013 July
Answer any four (4) questions. Give reasons for your answer.
(ii) Can an application for judicial review be filed out of time? (6 marks)
30
2013 July
Own cost but refused to do so. Subsequently, Samy engaged another contractor to re-build
the collapsed part of the house for a total cost of RM950, 000/-
31
2013 July
(a) Advise Overseas Sdn Bhd on the decision by the Sessions Court Judge in relation to –
(i) The adjournment;
(ii) The dismissal of their claim; and
(iii) The judgment for Alex (15 marks)
(b) Counsel for Overseas Sdn Bhd advised them to file an appeal against the decision of the
Judge in entering judgment of Alex but as regards the dismissal of their claim, the proper
way is to file the action afresh instead of making an appeal.
Do you agree with this advice? Give your reasons. (10 marks)
32
2013 July
(i) Advise Abu on the procedure and his chances of success in the proposed application.
(12 marks)
(ii) If the application for security for costs is dismissed and Abu still wants to avoid a
full-blown litigation, which will be very damaging to his business reputation, advise
Abu as to what he can do to achieve this. (6 marks)
33
2013 July
34
2013 October
2013 October
Sam wants to know whether what the officer of AB Bank said is correct and whether there
is any ground for him to apply to set aside the Order for Sale. Advise Sam. (21 marks)
(b) State the law and the procedure to enter judgement in default of appearance and in
default of defence in a charge action begun by Writ. (4 marks)
35
2013 October
To RS Bhd. Premier Bank, on the other hand, contended that Simon does not have a cause of action against
them.
(a) Advise Simon –
(i) on the procedure available for his intended application against Premier Bank, and whether
he has valid grounds for such application; (12 marks)
(ii) on the assumption that he is successful in his intended application against Premier Bank, as
to when he can execute the judgement against Premier Bank (2 marks)
(b) Advise Premier Bank –

(i) on the steps to be taken in resisting Simon’s intended application, and whether their
contention that Simon does not have a cause of action against them is a valid ground of
objection to such an application; and (8 marks)
(ii) as to the limitation period for Simon’s intended application against them (3 marks)
3. Answer BOTH parts of this question

The Vendor, the registered proprietor of a residential bungalow house, entered into a Sale and Purchase
Agreement (‘SPA’) with the Purchaser whereby the Vendor, a foreigner, agreed to sell and the Purchaser
agreed to buy the house at a price of RM5,000,000/-. The SPA provides, among others, that-
 The Sale and Purchase transaction is conditional upon the approval of the relevant State Authority
within three (3) months from the date of the SPA;
 The Purchaser shall apply for, and do his best endeavour to obtain the requisite approval of the State
Authority within the period of three (3) months;
 Upon signing the SPA, 10% of the agreed price shall be deposited with the Purchaser’s solicitors with
the term that the said 10% shall be released to the Vendor upon receipt of the State Authority’s
approval;
 The completion of the transaction shall be within a further three (3) months from the date of receipt
of the State Authority’s approval; and
 If the Purchaser refuses to complete the transaction or repudiates the contract, the Vendor shall, after
giving two (2) weeks’ written notice, be entitled to terminate the SPA and forfeit the 10% deposit.
Due to the extremely busy work schedule of the Purchase and his extensive travelling overseas, the
Purchaser did not come to Malaysia to provide his relevant details to his solicitor or to sign the application
for approval of the State Authority. As a result, no approval was obtained from the State Authority despite
the lapse of three (3) months after the date of the SPA. The Purchaser also did not enter any private caveat
on the title of the house.
In the meantime, the market value of the house has increased to RM7, 000,000/-. About four (4) months
after the date of the SPA, the Vendor sent a letter to terminate the SPA. The Vendor then wrote to the
Purchaser’s solicitors for forfeiture of the 10% deposit. When notified of the termination and the proposed
forfeiture, the Purchaser instructed his solicitors not to release the 10% deposit because he is disputing the
legality and validity of termination and forfeiture on the ground that the Vendor did not give the requisite
two (2) week’s written notice prior to the termination and forfeiture. A series of acrimonious
communications and exchange of letters then ensued between the Vendor and the Purchaser.
(a) Both the Vendor and the Purchaser are claiming entitlement to the 10% deposit and have demanded
the release of the same from the Purchaser’s solicitors and have threatened to sue the Purchaser’s
solicitors if the demand is not acceded to. The Purchaser’s solicitors do not want to face constant
harassment regarding the 10% deposit and has come to you for advice.
Advise the Purchaser’s solicitors as to what they should do to contest for the 10% deposit be fought
between the Vendor and the Purchase without harassing the Purchaser’s solicitors in the future, and
explain the procedure involved. (7 marks)
(b) The Purchase wants to sue the Vendor for a declaration that –
 The Vendor wrongfully terminated the SPA;
 The Purchaser is entitled to specific performance of the contract; and
 Other ancillary reliefs
36
2013 October
Express your legal opinion on these issues:

(i) In which court should the Purchaser file the suit? (2 marks)
(ii) Is the Purchase likely to be ordered to provide security for Vendor’s costs of the suit? (3 marks)
(iii) If the Vendor finds a new buyer and intends to re-sell the house to a new buyer but the Purchaser
still wants specific performance of the SPA, what interim relief can the Purchaser consider applying in
order to stop the Vendor’s re-sale of the house? What is the procedure for applying such interim relief?
What are the Purchaser’s chances of success and exposure of risks in respect of such interim relief?
(13 marks)

(a) “Courts do justice according to law as applied to the substantial merits of the case. Non-compliance
with the rules is a mere technicality which does not affect the validity of courts proceedings.”
Discuss the abovementioned statement in light of the provisions of the Rules of Courts 2012 and
decided cases. (13 marks)
(b) Panjang is a farmer who has sold his fruits to Dagang Buah, a fruits wholesaler. Due to Dagang Buah’s
dispute as to the quality and quantity of fruits supplied, Dagang Buah refused to pay Panjang for the
price of the fruits supplied. There is no question of law involved. Panjang comes to you to instruct you
as his solicitor to sue Dagang Bank for RM4, 900/- as the unpaid amount.
Advise Panjang. (6 marks)
(c) What are the civil matters in respect of which the Subordinate Courts have no jurisdiction to
adjudicate? (6 marks)
5. Answer ALL parts of this question.

(a) Potential Sdn Bhd was a subcontractor under Domino Sdn Bhd in 2 different construction projects at 2
different locations under 2 separate subcontracts. Due to the break-up of relationship, Domino Sdn Bhd
terminated the employment of Potential Sdn Bhd under the 2 subcontracts. Potential Sdn Bhd sued Domino
Sdn Bhd in 2 separate civil suits, one in the High Court at Malacca, and the other in the High Court at
Seremban.
The High Court at Seremban gave judgement on liability in favour of Potential Sdn Bhd and ordered that
damages be assessed by the Registrar. The total amount of damages claimed by Potential Sdn Bhd in the
Seremban High Court was in the region of RM10 million. Before the damages were assessed by the Registrar
of the High Court at Seremban, the civil suit in the High Court of Malacca came up for full trial, and the said
High Court gave judgement in the sum of RM1 million in favour of Domino Sdn. Bhd.
Domino Sdn Bhd served a notice under Section 218 of the Companies Act 1965 threatening to wind-up
Potential Sdn Bhd. Upon Potential Sdn Bhd’s failure to pay the judgement sum, Domino Sdn Bhd commenced
winding up petition against Potential Sdn Bhd on the judgement sum in the Malacca High Court. Potential
Sdn Bhd.’s banks, upon hearing about the winding-up petition, froze Potential Sdn Bhd’s bank accounts.
The freezing of the bank accounts caused much hardship and detriment to Potential Sdn Bhd. The Directors
of Potential Sdn Bhd had no choice but to use their personal funds to pay the judgment sum on the Malacca
High Court suit on behalf of Potential Sdn Bhd.
After having paid the judgement sum in the Malacca High Court suit, Potential Sdn Bhd still faced hardship
and much difficulty with their banks, and some of the banks wanted Potential Sdn Bhd to make early
settlement of the banks facilities. Meanwhile, Domino Sdn Bhd is trying to delay the assessment of damages
in the Seremban High Court, suit by raising various procedural objections and applying for discovery of
documents.
Advise Potential Sdn Bhd as to how they can apply to the High Court at Seremban for early payment so at
to alleviate their hardship and difficulty, and the procedure for such application and the principles to be
considered by the Court. (15 marks)
37
2013 October
(b) What are the preliminary requirements to be considered by the Court which hears an application for
summary judgement under Order 14 of the Rules of Court 2012? (6 marks)
(c) In an application for summary judgment, under what circumstances does the Court give the Defendant –
(i) unconditional leave to defend; and
(ii) conditional leave to defend. (4 marks)
(a) Abode Developers Sdn Bhd wants to evict all the occupants from their land and clam
damages from them. The company has also sought your advice on the procedure to be
adopted and the facts to be considered in order to obtain vacant possession of the land
(15 marks)
(b) Explain the modes of execution that Abode Developers Sdn Bhd may adopt to enforce the
order for possession granted by the Court against the occupants of the land. (10 marks)
38
2014 July
2014 July
39
2014 July
40
2014 July
(a) Advise Kudat on the following scenarios:

(i) Kudat now wants to accept Qu Co’s pre-trial offer to settle in the sum of
RM390,000/- (2 marks)
(ii) Kudat intends to appeal against the Sessions Court’s decision for dismissing his claim
against BW Co with costs and he also intends to adduce at the appeal evidence on
41
2014 July
the involvement of BW Co in relation to the loss of the car which his counsel omitted
to lead at trial. However, he wants to examine the written grounds of judgment by
the Sessions Court Judge first before deciding whether to file an appeal. (13 marks)
(b) Advise Qu Co:

(i) on the order as to costs of the proceedings made by the Sessions Court Judge given
that Qu Co have made an offer to settle and the awarded sum is less than the sum
offered. (6 marks)
(ii) Assuming that Kudat filed and served on Qu CO a notice of appeal to the High Court
against the Sessions Court Judge’s decision, advise Qu Co whether any appeal can
be filled by Qu Co only on the basis of costs. (2 marks)
(c) Assuming the time to file an appeal against the Sessions Court Judge’s decision on the
quantum has lapsed and Kudat found out that the judgement stated in the sealed
judgement is RM300,000/- and not RM350,000/- as ordered by the Sessions Court Judge
What is your advice to Kudat? (2 marks)
42
2014 October
2014 October
43
2014 October

(a) The Plaintiff sued three (3) Defendants in a writ action namely QSR Sdn Bhd, Mydin Trading
(a sole proprietorship) and ABC Club (a registered club) in their respective names. The
Plaintiff served the writ on QSR Sdn Bhd by leaving it personally at its principal office. The
writ was served on Mydin Trading by handing a copy to a worker at its place of business.
The writ was served on ABC Club by personally handling a copy to a member of the club.

(a) Explain the basic rules of pleadings (7 marks)
(b) Explain the rule that parties are bound by their pleadings (2 marks)
(c) What are the exceptions to this rule? (7 marks)
(d) Explain the principles applied by an appellate court in considering an appeal against
the trial judge’s following decisions:
(i) Exercise of discretion;
(ii) Finding of facts based entirely in affidavit evidence;
(iii) Decision on point of law (9 marks)
44
2014 October

DA Sdn Bhd owns a piece of land located at Jalan Loke Yew, Kuala Lumpur (“the land”). Sam is a
mee siam hawker with an average income of RM3,000/- per month. Sam built a house on the Land
and stayed there with his family since 1980. DA Sdn Bhd knew that Sam is occupying the Land but
did not raise any objection. Neither did DA Sdn BHd collect any rent from Sam.
DA Sdn Bhd entered into a joint venture agreement with a Developer to develop the land into a
gated and guarded bungalow community. It is a term of the joint venture agreement that DA Sdn
Bhd shall deliver the Land to the Developer to commence the construction work by 15.7.2014,
failing which DA Sdn Bhd is liable to pay the Developer a sum of RM50,000/- as liquidated damages
for every day of delay in the delivery of the Land to the Developer.
DA Sdn Bhd issued a notice dated 2.1.2.014 to Sam giving him time to vacate the Land by
30.6.2014. Sam felt that DA Sdn Bhd should give him a period of one (1) year to vacate the Land.
So, after 30.6.2014, Sam and his family continue to stay on the Land. By another notice dated
4.7.2014, DA Sdn BHd gave warning to Sam that DA Sdn Bhd would apply for a court order to evict
his family and him should they fail to vacate the Land by 14.7.2014.
Sam wanted to get a court order to declare that both notices dated 2.1.2014 and 4.7.2014 issued
by DA Sdn Bhd to him are invalid. Sam also wanted to apply to the court by way of ex-party for an
interim order restraining DA Sdn Bhd from evicting his family and him out of their house built on
the Land after 14.7.14.
(a) Advise Sam as regards his intended course of action in seeking for declaration order and the
interim restraining order:
(i) The appropriate court to file his legal action and the mode of commencement. Please
support your answer with the relevant statutory provisions and the rules of courts; (4 marks)
(ii) Whether Sam would succeed in obtaining the interim restraining order by way of ex-parte
by reference to the provisions of the rules of court and the decided case law; (5 marks)
(iii) Assuming the Court dismisses Sam’s application for the interim restraining order by way of
ex-parte, can Sam ask the Court to order cost in the cause? Please give reason for your
answer. (2 marks)
(b) Should the court hear Sam’s application for the interim restraining order by way of inter-
parte advise DA Sdn. Bhd., the legal principles involved in opposing the inter-parte
application. (14 marks)
(a) Discuss the statement “The Court has discretion whether to allow a proceeding irregularly
commenced to continue or to be quashed,” with specific reference to provisions of the Rules
of Court 2012 and the decided cases. (7 marks)
(b) Proceedings may be begun by writ or by originating summons.

Discuss. (6 marks)
45
2014 October
46
2015 July
2015 July
Answer any four (4) questions. Give reasons for your answers. Relevant cases and statutory provisions
must be cited in all answers.
(c) Abbot intended to file an action in court against Zee Sdn. Bhd. for breach of contract. Before
he could file the action, he was involved in a serious accident and suffered serious brain damage
and is now a person under disability.
Advise Abbot’s family who want the action against Zee Sdn. Bhd. to be filed in Court as
soon as possible. (5 marks)
47
2015 July
(b) What are the matters which must be specifically pleaded in a pleading subsequent to a
statement of claim? (2 marks)
(c) Under what circumstances can a party rely upon evidence on matters which have not been
pleaded? (5 marks)
48
2015 July
49
2015 July
5.
6. Discuss the various ways (including the procedures and the main legal principles) in which
a defendant can bring a quicker ending to the writ action against him without waiting for
and without going through the full and lengthy trial of all the pleaded issues in the writ
action. (25 marks)
50
2015 November
2015 November
Answer any four (4) questions. Give reasons for your answers. Relevant cases and statutory provisions
must be cited in all answers.

(a) There are consequences for a party if he fails to comply with an order issued by
the courts at pre-trial case management. Discuss. (7 marks)
(b) Describe the procedure that a party should adopt if he wants an order for
discovery of documents against a person who is not a party to a pending action or
future action. (8 marks)
(c) The judge may, if he thinks fit it expedient in the interest of justice, adjourn a trial
for such time, upon such terms, if any, if he thinks fit. Discuss. (10 marks)
51
2015 November
3.
52
2015 November
53
2016 August
2016 August

(a) On 10 June 2016, the Plaintiff filed an action in the High Court against the Defendant for a claim
of RM6, 000,000.00 being the debt due and owing by the Defendant to the Plaintiff pursuant to
a settlement agreement.
Under the settlement agreement, the Defendant has agreed to pay the Plaintiff the total sum of
RM6, 000,000.00 by way of six (6) monthly instalments of equal sum commencing from 15
February 2016. The Defendant did not pay any of the monthly instalment.
The Defendant was served with the Writ and the Statement of Claim on 27 July 2016 and entered
appearance on 29 July 2016.
You are to answer each of the following questions separately.
(i) The Defendant comes to you for advice. The Defendant’s instructions is that the Plaintiff
does not have the right to claim for the entire RM6, 000,000.00 at the time the action was
filed. The Defendant wanted to apply to strike out the Plaintiff’s claim.
Advise the Defendant. (8 marks)
(ii) In rebutting the Defendant’s defence as stated in (i), can the Plaintiff cure the defect in
the claim by amending the Statement of Claim?
Advise the Plaintiff and state your reason. (4 marks)
(b) Give your legal opinion as to whether an amendment of pleading ought to be allowed in each of
the following situations:
(i) Poh Ling’s father was killed in a road accident. The bus which collided with Poh Ling’s
father was driven by Depan Sdn Bhd’s driver. Poh Ling, in her capacity as administratrix
of her father’s estate, filed a suit against Depan Sdn Bhd and its driver for recovery of
damages on behalf of the estate. At a time when it was 7 (7) years after the date of the
accident, Poh Ling applied to the court for amendment of the Writ of Summons and
Statement of Claim to add her claim as dependant of her father and to include her
dependency claims. (4 marks)
(ii) Puthusamy was injured by a car driven by Deraman. Based o the medical report prepared
by a medical officer in the government hospital, Puthusamy filed a Writ of summons
against Deraman for negligence, claiming for (i) simple fracture of tibia and fibula, (ii)
abrasion to chest, (iii) loss of income for two (2) months, and (iv) medical expenses for
the injuries. Two (2) months after the pleadings were closed, Puthusamy developed
severe chest pains and was admitted to a private hospital. IN the hospital ward, he was
checked and examined by a specialist who discovered that Puthusamy suffered a
fractured rib during the accident which over time has caused laceration to his lung. As a
result, Puthusamy was hospitalised for six (6) months and underwent surgeries and
treatment. This caused Puthusamy to incur additional RM60,000.00 as medical fees and
loss of income for six (6) months. Puthusamy wants to apply for amendment of his Writ
of Summons and Statement of Claim to include the newly-discovered injuries and
additional losses as parts of his claims in the suit. (4 marks)
(c) Explain the procedure and principles on submission of no case to answer. (5 marks)
54
2016 August

(a) (i) Peter is a subcontractor to Daniel who is the main contractor in respect of a building
construction project owned by Gabriel. Daniel has failed to pay a sum of RM100, 000.00
due to Peter for his services whereupon Peter filed an action in court and obtained
judgment against Daniel. Daniel has failed to settle the judgment sum. It has come to
Peter’s knowledge that Gabriel owes RM200, 000.00 to Daniel in respect of the
construction work.
Advise Peter as to the mode of enforcement he should adopt to recover the judgment sum
and describe the procedure. (8 marks)
(ii) Assuming that Gabriel objects to the payment of the sum of RM100, 000.00 to Peter on
the basis that he is unhappy with Peter’s services as subcontractor in respect of the
project. Gabriel now wants to claim a set off of RM100, 000.00 against Peter and wants
the court to dismiss Peter’s application to enforce the judgment.
Advise Peter. (4 marks)
(b) The Plaintiff obtained a monetary judgment against the Defendant on 31 July 2009. As the
Defendant could not be found in the past, the Plaintiff did not take steps to recover the judgment
sum from the Defendant. Recently, the Plaintiff came to know that the Defendant resides in
Malacca. The Plaintiff wants to commence bankruptcy proceedings against the Defendant.
Advise the Plaintiff what are the steps to be taken before the commencement of the
bankruptcy proceedings. (5 marks)
(c) Describe the procedure to obtain and enforce a charging order. (8 marks)

(a) The Plaintiff filed an originating summons in the High Court against the Defendant. At the
hearing of the originating summons, the Defendant raised the following objections to the
Plaintiff’s affidavit which was filed in support of the originating summons:-
(i) The affidavit was affirmed three (3) days before the originating summons was filed in
court;
(ii) In respect of one (1) of the exhibits which was annexed to the affidavit, the Certificate of
the Commissioner for Oaths was not included in respect of that exhibit;
(iii) In another exhibit the print was not clear and it could not be read;
(iv) The name of the Plaintiff in the affidavit which was misspelt was altered to show the
correct name by the alteration was not initialled by the Plaintiff but only by the
Commissioner for Oaths; and
(v) The affidavit which was affirmed in Singapore was filed in the English language and not
in the national language.
Advise the Plaintiff if there are any merit to the Defendant’s objections. (15 marks)
(b) In the supporting affidavit for an originating summons in a civil suit for recovery of the unpaid
values of goods supplied, the Plaintiff averred inter alia that (i) the Plaintiff sold twelve (12) vans
to the Defendant on or about 20 May 2015; (ii) the total value of van sold was RM1, 200,000.00;
(iii) the Defendant paid only RM600, 000.00 leaving an outstanding balance of RM600,000.00.
In the Defendant’s affidavit-in-reply, the Defendant admitted that there were twelve (12) vans
sold by the Plaintiff to the Defendant but asserted a mere denial that there was an outstanding
balance payable. During the hearing of the originating summons, the Defendant’s counsel argued
that the Plaintiff has failed to prove a clear and obvious case and therefore there is a triable issue.
The trial judge held that the Defendant’s argument should be rejected on the grounds that the
Defendant failed to specifically rebut or reply to a specific allegation and also that the
Defendant’s argument was not specifically averred to in the Defendant’s affidavit-in-reply.
55
2016 August
Express your opinion whether or not the trial judge is correct in his decision. (6 marks)
(c) Under what circumstances will a court make an order that originating summons procedure
be continued as if the cause or matter had been begun by Writ and describe the procedure
involved. (4 marks)
4 Answer ALL parts of this question

(a) “If, having regard to all the circumstances of the case, the Court thinks it is just to do so, it may
order the Plaintiff to give such security for the Defendant’s costs of the action or other
proceedings as it thinks just”.
What are the factors the court might take into consideration in exercising its discretion on
whether or not to award security for costs? (12 marks)
(b) A Sdn Bhd is a member of Star Bhd, a company registered under the Companies Act 1965
established for charitable purpose. Being the main sponsor, A Sdn Bhd is entitled under the
Articles of Association of Star Bhd to nominate three (3) directors out of the total five (5)
directors in the Board of Directors of the Star Bhd.
It is provided in the Memorandum of Association of Star Bhd that the Articles and Memorandum
of Association of Star Bhd shall not be altered except with the Minister’s consent.
The members of Star Bhd has passed a special resolution to alter the Articles of Association of
Star Bhd by reducing the number of directors which A Sdn Bhd is entitled to nominate from
three (3) to one (1). The Minister has on 25 February 2016 given his consent to the amendment
in question.
A Sdn Bhd is of the view that the Minister ought not to have given his consent as the amendment
has prejudiced its right of representative in the Board of Directors of Star Bhd.
This morning the Legal Counsel of A Sdn Bhd comes to seek your advice on whether any legal
action can be taken to challenge the Minister’s consent.
In your advice, you are to state the appropriate procedure and the relevant legal
requirements. (13 marks)
5 In 1965 Oh Hiam, the original landowner of one (1) acre of land fronting a major road, employed
a building contractor Cepat Construction Sdn Bhd to build three (3) units of detached houses. Oh
Hiam signed three (3) separate tripartite agreements with Cepat Construction Sdn Bhd and each
of the three (3) individuals A, B and C whereby in each separate agreement, Cepat Construction
Sdn Bhd agreed to construct the house at the price of RM6, 000.00 and each of A, B and C agreed
to pay RM6, 000.00 to Cepat Construction Sdn Bhd for the construction works and RM3, 000.00
to Oh Hiam for the undivided portion of the land whereupon the house was to be built. The houses
were completed and vacant possession thereof was duly handed over to A, B and C in 1967 and
each of A, B and C fully paid Cepat Construction Sdn Bhd and Oh Hiam for the construction
costs and the land price respectively. The land has not been sub-divided until to-date. A, B and
C have been occupying the houses since 1967 until to-date. However, owing to ignorance of law,
A, B and C have not lodged any caveat on the title of the land.
Oh Hiam passed away in 2009, and his children Thomas became the administrator of Oh Hiam’s
estate in 2010. In years 2012 and 2013, the property prices in the locality increased tremendously,
and the market value of the 1-acre land together with the houses rose to RM1, 200,000.00. In
2014, Thomas sold the land to Desmond for RM1, 000,000.00. After the land titled was registered
in Desmond’s name, Desmond took out a civil suit in the Sessions Court to evict A, B and C from
the land and to recover possession of the land and houses. It is clear that Desmond wants to keep
the land and houses for long-term investment and that there is no risk or likelihood of him
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2016 August
dissipating his assets or transferring the land to another person. However, A, B and C are very
worried that Thomas, who was spoilt by Oh Hiam and who likes luxurious life, will probably
spend the RM1, 000,000.00 he received from the sale of the land within a few months. A, B and
C now come to you for legal advice and ask you to do all acts and things necessary to protect
their interests in the properties. According to A, B and C, the market value of the three (3) houses
with the portion of land is RM400, 000.00.
Advice A, B and C as to what are the main lines of arguments you will take on their behalf
and what procedural steps you advise them to take in order to best protect their interests
in the properties. (25 marks)

(a) Pantas Sdn Bhd filed a Writ of Summons in the High Court against Damai Sdn Bhd whereby
Pantas Sdn Bhd claimed for RM2, 500,000.00 as unpaid fees and disbursements for engineering
consultancy services rendered in a property development project. After appearance has been
entered by Damai Sdn Bhd, Pantas Sdn Bhd applied for summary judgment for the amount of
RM2, 500,000.00. In the affidavit-in-support of the application for summary judgment, Pantas
Sdn Bhd’s deponent enclosed as exhibits copies of the engineering consultancy agreement and
the invoices for fees and averred that “I verily believe that all the invoices in said exhibit have
not been paid by the Defendant”. There is no averment that the Defendant has no defence to the
claim. In Damai Sdn Bhd’s affidavit-in-reply, Damai Sdn Bhd’s deponent denied that there was
any unpaid amount owing to Pantas Sdn Bhd and averred that Pantas Sdn Bhd was rash and
negligent in its design, thereby causing part of the building to collapse in the course of
construction.
Damai Sdn Bhd’s deponent averred that this caused losses to Damai Sdn Bhd and that Damai
Sdn Bhd therefore counterclaims RM1, 800,000.00 as losses and damages against Pantas Sdn
Bhd. The losses and damages were particularized in the affidavit-in-reply. Pantas Sdn Bhd in its
affidavit-in-reply denied that there was any negligence and that there was any loss or damage
suffered by Damai Sdn Bhd.
The application for summary judgment now comes before you as the Senior Assistant
Registrar. You are to make a decision on this application and give reasons for your decision.
(10 marks)
(b) Based on the Plaintiff’s instructions, the Plaintiff’s solicitors commenced the action by way of an
originating summons in the Magistrate’s Court. After affidavits were filed and served by both
parties, the written submissions were also filed and exchanged in the action. The originating
summons comes before you as the Magistrate, and you have hearing oral submissions by both
parties’ advocates. After having considered the affidavits and submissions, you come to the
conclusion that of the eight (8) issues raised by the parties and the numerous facts averred, there
is only one (1) fact in dispute and this disputed fact is expected to take only two (2) hours of
hearing of oral evidence.
State, with reasons, what is the decision you will now give in this matter. (5 marks)
(c) The Plaintiff commenced a Writ action against the Defendant for breach of contract and claimed
damages in the sum of RM2, 000,000.00.
The pleadings were closed in April 2015. The High Court initially fixed the trial for three (3)
days in January 2016 but the trial was postponed because the Counsel for the Plaintiff was sick.
The High Court fixed the new trial date on 27 to 29 July 2016 and set a final case management
date on 27 June 2016.
On 21 July 2016, the Defendant filed an application to amend the defence by inserting a new
proposed defence that the consent to enter into the contract was fraudulently obtained. In the
affidavit in support of the amendment application, the Defendant did not explain why the
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2016 August
application was made only at that stage of the proceedings other than to state that the materials
to support the new proposed defence was discovered at the stage when preparation was carried
out for the trial scheduled on 27 to 29 July 2016. The affidavit does not contain any evidence in
support of the assertion that the new proposed defence was discovered recently.
The sealed amendment application together with the affidavit-in-support was served on the
Plaintiff on 22 July 2016 for the hearing on 27 July 2016. Due to the constraint of time, the
Plaintiff did not file any affidavit-in-reply.
On the hearing of the amendment application, the Plaintiff objected to the Defendant’s
application. The High Court Judge allowed the Defendant’s amendment application holding that
the principles in the case of Yamaha Motors Co Ltd v Yamaha Motors (M) Sdn Bhd & Ors [1983]
1 CLJ 191 is applicable and that delay is not a material consideration as it can be compensated
by payment of costs. The High Court Judge also held that the Plaintiff ought to have filed an
affidavit-in-reply to oppose the amendment application.
Advise the Plaintiff whether the High Court Judge’s decision is correct in law. (10 marks)
7 Answer ALL parts of this question

(a) In 2010, Patrick, the owner of a piece f agricultural land of three hundred (300) acres at a prime
location, applied to the State Authority to convert the land into a mixed development land
comprising of shops and residential houses. After several meetings with the representations to
the various departments in the State Government, the State Authority eventually issued a letter
dated 7 June 2011 to approve Patrick’s application for conversion of land on various terms and
conditions including an unusual condition that at least thirty percent (30%) of the property units
in the mixed development must be sold to employees of the State Government at a discount of
twenty five percent (25%) of the official sale prices of the property units.
Aggrieved by the very burdensome and unusual condition, Patrick engaged property development
consultant to appeal against the said condition. After a long series of meetings and
representations, the State Authority by letter dated 4 April 2016 withdrew the said condition and
in place thereof, imposed a new condition that at least thirty percent (30%) of the residential units
in the mixed development must comprise of affordable housing units with sale prices between
RM250, 000.00 and RM500, 000.00.
The new condition is contrary to Patrick’s original plan of building high-end residential houses
with sale prices of at least RM1, 200,000.00 per unit. Apart from that, the long delay caused by
the previous unusual condition has resulted in a situation where Patrick has missed the property
super-boom cycle in 2012 to 2014. The property market now has softened, and sales of new
properties units are slow and at significantly lower prices. Fed up with the loss of the golden
opportunity, Patrick wants to sue the State Authority to recover his losses and damages, and
thereafter to sell off the land to another company. Patrick now comes to you and seeks your
advice.
(i) Advise Patrick as to the procedure how he can sue the State Authority. (8 marks)
(ii) Patrick has heard from a reliable source that the real reason the State Authority imposed
the unusual condition and subsequently the new condition upon him was that contrary to
what has been suggested to him by a State Executive Council member, Patrick refused
to enter into a joint development arrangement with a State-owned company to develop
the land so that the State Government could also benefit from the development of the
prime land. This, according to the reliable source, was recorded in the minutes of meeting
of the State Authority.
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2016 August
Advise Patrick how he can compel the State Authority to provide a copy of the
minutes of meeting and his chance of success in getting the minutes of the meeting.
(6 marks)
(b) Under what circumstances can fresh evidence be allowed on appeal? (4 marks)
(c) The Plaintiff filed a Writ action against the Defendant for breach of contract at the Sessions Court.
In the Statement of Claim, the Plaintiff averred that the Defendant failed to complete the supply
of the air-conditional system in accordance with the terms of the contract. In particular, the
Plaintiff averred that the Defendant failed to install a cooler into the air-conditional system.
The Defendant in the Defence averred the cooler was installed in accordance to the Plaintiff’s
design but its failure to perform was due to the defect in the Plaintiff’s design.
In the Reply, the Plaintiff did not reply specifically to the Defendant’s averment on the installation
of the cooler but there is a general traverse when the Plaintiff averred that except where previously
admitted, the Plaintiff denied each and every allegation contained in the Defendant’s statement
of defence.
At the trial, the Plaintiff wants to adduce evidence that the cooler was not installed in accordance
with the Plaintiff’s design.
Advise the Defendant whether the Defendant can object to the Plaintiff’s adducing evidence
on this point and if so, at which point of time should the Defendant raise the objection.
(7 marks)
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2016 November
2016 November
Advise them on the procedure they should adopt and the merits of their proposed
applications. (15 marks)
(b) Explain the procedure in obtaining interlocutory judgement in default in respect of a claim
for unliquidated damages and the assessment of the said damages before the Registrar
(5 marks)
(c) In an application for summary judgment under Order 14 Rules of Court 2012, the Defendant did
not appear on the hearing date and as a result the hearing proceeded in his absence and a
judgement was obtained by the Plaintiff after a hearing on the merits of the application.
Advise the Defendant the procedure he has to adopt to set aside the judgement (5 marks)
Advise the Plaintiff as to his right to appeal and the relevant legal procedure with the
relevant legal principles (15 marks)
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2016 November
(b) The Federal Court being the apex court of the country has the inherent power to review including
that of the Court of Appeal’s decision.
Discuss by reference to the relevant statutory provision and the decided cases. (10 marks)
Advise the company on the procedure it should adopt and the legal principles involved.
(8 marks)
As Peter’s new solicitor, advise Peter on whether the delay is a problem, and whether any
steps need to be taken to assure that the amendment Order can be implemented. (8 marks)
(b) Explain the principles upon which the court decides on the following changes in parties to
the court action
(i) Intervention of a stranger as a party;
(ii) Cessation of a person as a party; and
(iii) Addition of a co-defendant (9 marks)
(c) Explain the basic rules of pleadings (8 marks)
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2016 November
Discuss whether or not the objections are valid (13 marks)
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2016 November
Advise the Plaintiff as to what remedy is available to him and the applicable law as well
as the procedure involved. (7 marks)
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2017 August
2017 August

(a) Prakash commenced an action by writ of summons against Darshan at the Sessions Court in Johor
Bahru. After unsuccessful attempts to serve the writ of summons personally on Darshan, Prakash mad
an ex-parte application for substituted service. In his ex-parte application, Prakash did not disclose
that Darshan travelled very frequently to India for business and to visit his children who studied in
universities in India, although Prakash knew about this fact. Prakash then obtained an ex-parte order
for substituted service. The order for substituted service stipulated that the writ of summons was to
be served on the defendant, Darshan, by advertisements in New Straits Times and The Star on two
(2) consecutive business days. In order to save the cost of advertisement, Prakash only advertised in
the Sun newspaper on a Sunday and also two (2) days later on Tuesday, a public holiday. After the
substituted service by advertisement, Prakash obtained judgment in default of appearance against
Darshan when Darshan failed to enter appearance within the period stipulated in the advertisement.
Darshan now engages you to be his solicitor.
Advise Darshan. (15 marks)
(b) “Courts do justice according to law as applied to the substantial merits of the case. Non-compliance
with rules of courts is mere technicality which does not affect the validity of court proceedings”.
Discuss the abovementioned statement in the light of the provisions of the rules of court and

(a) Pantas Bina Sdn Bhd (Pantas Bina) obtained a monetary judgment at the High Court in Kula Lumpur
against Lambat Laun Sdn Bhd (Lambat Laun). The judgment is for RM2,500,000.00 with interest
thereon at four percent (4%) per annum from the date of judgment and it was obtained in September
2010. Lambat Laun has not paid any of the judgment debt.
Recently, Pantas Bina obtained credible evidence that Lambat Laun owns 1,000,000 shares
(representing twenty percent (20%) of issued share capital) in Inovasi Moden Sdn Bhd, an
information technology company which has substantial assets and business in Malaysia. Lambat Laun
is also a contractor, and they recently completed some public office building works for the Ministry
of Works of Malaysia (Ministry), and the Ministry has agreed to pay him a balance amount of
RM1,200,000.00 in respect of the office building project. This payment is expected to be released by
the Ministry to Lambat Laun in about four (4) months’ time.
What steps, if any, may Pantas Bina take to enforce the aforesaid judgment.
(15 marks)
(b) Amir owns a condominium unit in Petaling Jaya. In July 2016, he decided to rent out the whole unit
in order to get some side income. Thereafter, he managed to get a tenant, Jenny, and they entered into
a three (3) years’ tenancy agreement. In the beginning of the tenancy, Jenny always paid her rent on
time.
However, things turned sour when Jenny started delaying the rent payment in or around December
2016, Until now, Jenny has not paid her rental for five (5) months.
Amir comes to you and seeks your advice as to how he can recover the outstanding rent and vacant
possession of the unit. Amir wishes to dispose this matter as soon as possible.
Advise Amir.
(10 marks)
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2017 August

(a) ABC Berhad (ABC) is a public listed company with many subsidiaries, offices, projects and
manufacturing businesses in Malaysia. In 2006, ABC entered into a distributorship agreement with
XYZ Sdn Bhd (XYZ), a small distributor whose majority shareholder is a childhood friend of the
Managing Director and the controlling shareholder of ABC. Things went on very well between the
two (2) companies for ten (10) years because of the close friendship between the majority
shareholders of the two (2) companies.
In 2016, there was a fall-out between the two (2) companies’ majority shareholders, with each feeling
that he has been betrayed by the other long-time friend. As a result, bitter disputes arose between the
two (2) companies in connection with their distributorship agreement and the implementation thereof.
In June 2017, ABC filed a writ of summons against XYZ, making numerous and lengthy allegations
against XYZ and claiming for huge losses and damages against XYZ.
As a consequence, XYZ’s banker has come to know about the pending litigation and has substantially
reduced the trade and financing facilities which it previously granted to XYZ, thereby causing much
hardship to XYZ financially. ABC’s allegations in the statement of claim relate to (a) alleged breaches
which occurred in years 2006 to 2008 and (b) personal matters which occurred in year 2014 that do
not have connection with the two (2) companies’ contractual relationship and transactions under the
distributorship agreement. XYZ comes to you and asks for your advice as to how XYZ can summarily
and quickly dispose of the suit without waiting for full trial.
Advise XYZ as to its resource and the procedure for pursuing such recourse.
(15 marks)
(b) On 4 April 2017, Nasir was riding his motorcycle along a public road beneath the recently completed
Mass Rapid Transit (MRT) line when he was hit by a falling object which dropped from the MRT
line. Nasir fell from his motorcycle, broke his legs and suffered from rib fractures which also
punctured part of his lungs. Nasir has been hospitalized for months and is unable to earn income to
sustain his hospital bills and daily needs. Last week, Nasir’s solicitor filed a writ of summons against
MRT Corporation Berhad for negligence and damages at the High Court in Kuala Lumpur. As his
solicitor is a junior solicitor who is rather inexperienced in civil litigation, Nasir now comes to you
as a senior counsel to seek advice.
Advise Nasir as to how he can apply to the High Court in Kuala Lumpur for early payment so
as to alleviate his hardship and difficulty, and the procedure of the application and the
principles to be considered by the Court in such application.
(10 marks)

(a) Ah Kau, a landowner, has sublet part of his land in Ipoh to BC Builder Sdn Bhd (BCB) for storing
its machinery and equipment. After the expiry of the tenancy on 20 March 2017, BC Builder moved
out its machinery and equipment from Ah Kau’s land but left the dismantled tower crane components
on the land. On 5 April 2017, Ah Kau received a letter from Competent Leasing Sdn Bhd (CLSB)
claiming that the ownership of the tower crane components belongs to them. When notified of such
claim, BCB by its letter dated 21 April 2017 refuted such claim and insisted that the tower crane
components belong to BCB.
After several exchange of letters between the parties, BCB and CLSB still cannot agree as to who has
ownership rights over the tower crane components. Both BCB and CLSB are persistent in their claims
for ownership of tower crane components, and in view of the current slowdown in the construction
industry, both of them do not have any plan to use the tower crane in the near future and therefore do
not want to spent money to initiate court proceeding to resolve their dispute. Meanwhile, Ah Kau has
found a potential tenant who wants to rent the land at good rental rate from Ah Kau. Now, Ah Kau
has come to you for advice.
Advise Ah Kau as to how he can get the tower crane components removed from his land as soon
as possible so as to rent out his land to the potential tenant without the risk of being sued for
conversion of goods.
(10 marks)
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2017 August
(b) Describe the procedure to be adopted by an interested party to intervene in pending court
proceedings pursuant to O. 15 r. 6(2)(b) Rules of Court 2012 and state the relevant principles
to be considered by the Court in intervention proceedings.
(8 marks)
(c) What are the circumstances where the Court may refuse leave to a party to amend his
pleadings?
(7 marks)

(a) In January 2014, Abu intended to purchase from Fatimah her car worth of RM150, 000.00 based on
her representation that she was the owner. Abu conducted a search with Jabatan Pengangkutan Jalan
(JPJ) and the result confirmed Fatimah’s ownership of the said car. In reliance on the search, Abu
proceeded to pay Fatimah the purchase price in the same month.
Around four (4) months later, when Abu wanted to make a transfer of the car’s ownership, he found
out that Fatimah was in fact not the actual owner of the car via a separate search with JPJ. As a result,
he was not allowed to be registered as the owner of the car and the purchase price that he paid to
Fatimah was futile. He therefore suffered a loss. In his view, the JPJ was at fault because they failed
to ensure that their records were accurate and proper, and resulting in two (2) searches with two (2)
different results. He did not take immediate action on the loss. However, Abu now comes to seek
your advice on the legal action he may take to recover his loss.
Give reasons in support of your advice to Abu.
(12 marks)
(b) Penny initiated a suit against Jaya Sdn Bhd (JSB) for breach of contract.
In the statement of claim, Penny alleged that pursuant to the contract entered between the two (2)
parties in 2015, he will pay RM1,500,000.00 to JSB for investment and n return JSB will pay him
profits of dividend annually. However, until now, he had never received any returns.
JSB, on the other hand, holds the position that the company had never entered into such contract as
there was never a written contract between both parties. The money paid to JSB was in fact for the
repayment of debts owed by Penny to JSB. Therefore, the allegations made by Penny cannot be
substantiated and are without basis.
In pursuant to this suit, JSB had engaged you to represent them. The Statement of Claim was served
on you last week. Your client insists that Penny’s allegations were baseless.
Given this, what are the proper course of actions you will take as JSB’s solicitor? (13 marks)

(a) Wentworth Sdn Bhd (Wentworth) is a company involved in the business of textiles. Albert, Benedict
and Chuck are the Shareholders and Directors of Wentworth. Chuck is a good friend of Albert and
constantly informed Albert that he had great ideas to develop the business of Wentworth and was
interested in taking on a bigger role in the company.
On 31 January 2016, Chuck was appointed as Deputy Managing Director of Wentworth. As Deputy
Managing Director, Chuck was meant to assist Albert, the Managing Director, in matters relating to
developing the overall strategy and commercial objectives of Wentworth.
However, within two (2) months of his appointment, Chuck started to take various steps to destabilize
Wentworth and even attempted to oust Albert as the Managing Director. It was discovered that Chuck
was liaising with Wentworth’s customers without the knowledge of the Board of Directors. As such,
Albert and Benedict took steps to terminate Chuck’s appointment as the Deputy Managing Director.
After Chuck’s termination, he continued to write to related parties of Wentworth and represented
himself as the Deputy Managing Director of Wentworth. Chuck also approached certain customers
of Wentworth and attempted to negotiate contracts with them on behalf of Wentworth. Albert and
Benedict have written to Chuck and asked him to stop acting on behalf of Wentworth as he has no
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2017 August
authority to do so. However, Chuck has not responded to these letters and has continued to act on
behalf of Wentworth. Albert and Benefit are concerned that if Chuck is not stopped on an urgent basis
from acting on behalf of Wentworth, Wentworth may suffer great losses as a consequence of his acts.
Albert and Benedict are contemplating taking legal action against Chuck for breach of fiduciary
duties.
Advise Wentworth as to the steps they may take to prevent Chuck from further holding himself
out as the Deputy Managing Director of Wentworth.
(20 marks)
(b) A trailer lorry driven by Tan went out of control on the highway and swerved into Dorai’s land and
hit a telecommunication tower installed on the land. The tower collapsed and fell on the roof of Pang’s
house which is adjacent to Dorai’s land. Pang has commenced an action in Court for negligence
against Dorai.
Advise Dorai on the procedure he should adopt if he intends to claim against Tan in the same
action as he was sued by Pang.
(5 marks)

(a) Ahmad who is the General Manager of Syarikat Kapal Sdn Bhd (Syarikat Kapal) comes to see you
and informs you that Syarikat Doremi Sdn Bhd (Syarikat Doremi) obtained judgment against Syarikat
Kapal six (6) weeks ago for the amount of RM 200,000.00 for goods sold and delivered by them for
a project. He informs that their previous solicitors only informed Syarikat Kapal of the judgment last
week and in the grounds of decision, the learned Sessions Court Judge stated that she did not believe
the testimony of Ahmad and the General Manager of Syarikat Doremi that the amount owed need not
be paid. The learned Sessions Court Judge also ruled that there was no contemporaneous documents
supporting Ahmad’s testimony.
Ahmad also informs you that he has just discovered yesterday that there was in fact an email to him
from Syarikat Doremi at the material time clearly showing that Syarikat Doremi had stated that the
amount of RM 200,000.00 was not owing and was to be used as payment from them to Syarikat Kapal
for another project. Syarikat Kapal now seeks your advice on the following:
(i) Whether Syarikat Kapal may appeal against the decision of the Sessions Court and the
procedure for doing so;
(6 marks)
(ii) In what situations can Syarikat Kapal avoid paying the judgment sum; and
(4 marks)
(iii) In what circumstances can Syarikat Kapal make use of the recently discovered e-mail
in challenging the Sessions Court’s decision?
(5 marks)
(b) Kumar was employed as a medical officer on a three (3) year contract commencing 1 January 2016
by Hospital Kuala Petaling Sdn Bhd. On 15 May 2016, he received a letter informing him that his
employment contract has been terminated with immediate effect. The reasons given for the
termination were that he had breached the terms and conditions of his employment but no details
were given. Kumar has no idea of the reason for his termination and informed you that he has not
committed any breach and there was no inquiry prior his termination.
Being dissatisfied, Kumar made a representation for reinstatement under the Industrial Relations Act
1967 (Act 177). However, Kumar received a letter on 1 June 2017 informing that the Minister of
Human Resources had made a decision on 30 April 2017 that his representation was not fit to be
referred to the Industrial Court for an award. Kumar met you yesterday and sought your advice as to
the legal action available to him.
Advise Kumar on his recourse and the procedure.
(8 marks)
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2017 November
2017 November
(c) Explain the procedure and principles of on submission of no case to answer (7 marks)
Advise Jasmine as to what it is the immediate legal action she may take in the current
situation. You are to give reasons(s) in support of your advice with reference to
procedure and decided cases. (25 marks)
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2017 November
Advise Abu (20 marks)
(b) In a charge action begun by writ, explain the law and the procedure to enter a judgement
in default of appearance or in default of defence (5 marks)
Advise the Plaintiff if he may successfully argue for the admission of the affidavit by the
Court despite the Defendant’s objections. (15 marks)
Advise Peter on the procedure that he should adopt (10 marks)
Describe the procedure which is to be adopted to evict the occupants and the relevant
principles. (12 marks)
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2017 November
5.
Advise Dharma on the procedure he should adopt and what are the function of
participation in pleadings and the principles adopted by the court in deciding an
application for particulars. (10 marks)
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2018 July
2018 July
(i) Advise Ismail as to the procedure to challenge the Sessions Court’s decision (5 marks)
(ii) Is the Session Court’s decision sustainable in law? (12 marks)
(b) Under the doctrine of relation back, the Writ and Statement of Claim can be amended to
add a co-defendant after the expiry of the limitation period. Discuss. (8 marks)
(i) Goh wants to know if leave of the court is required. (4 marks)
(ii) Goh also wants to make sure that for the time being, he can continue selling the
pineapple lamp. You are to advise Goh. (12 marks)
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2018 July
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2018 July
4.
Advise Peter as to the procedure he should adopt to obtain the medical reports. (6 marks)
David has sought your advice on his recourse against another person and the procedure for
resorting to it? (6 marks)
Advise the Plaintiff (6 marks)
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2018 July
6.
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2018 November
2018 November
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2018 November
Advise Pang on the following questions:

(i) Can Pang commence a suit and obtain judgement without taking out a probate?
(5 marks)
(ii) Before the letter of administration is issued in respect of the estate of Desmond, who
should be the defendant to be cited in the suit? (5marks)
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2018 November
77
2018 November
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2019 July
2019 July
PART A: COMPULSORY QUESTION
(iii) What are the grounds and the procedure for Dogma Development Sdn Bhd to apply
for setting aside the default judgement? (6 marks)
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2019 July
1.
(v) Give your opinion as to whether, Dogma Development Sdn. Bhd. can quickly put an
end to this suit, and if so, how? (5 marks)
PART B: ANSWER ANY THREE (3) QUESTIONS
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2019 July
(d) Under what circumstances would the Court grant leave for amendment of pleadings
after the expiry of the limitation period (5 marks)
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2019 July
4.
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2019 July
5.
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2019 November
2019 November
1. Candidate MUST answer this question
Abu and Hassan are respectively the Chairman and the Deputy Chairman of an association providing
charitable service to a local community. The members of the association are mostly the residents of the
local community.
Abu and Hassan however differ in their opinion on most of the association’s policies. Their working
relationship deteriorated which affects the progress of the association.
For the good of the association, the members of the association attempted to reconcile the differences
between Abu and Hassan. In one of the attempts, Hassan shouted at Abu, “You are the worst Chairman
I have ever seen!” in front of the residents of the community who attended the reconciliation session.
Abu felt humiliated and issued a legal letter demanding Hassan to tender public apology to him. Hassan
did not deny making the statement but claimed that he has the duty to express his view on Abu in front
of the residents. Hassan refused to apologise.
Abu therefore decided to commence legal action for defamation against Hassan for damages in excess
of millions in Ringgit Malaysia and comes to you for advice.
With references to the decided cases and the provisions of the Rules of Court 2012, you are to advise
Abu on the following:
(a) the mode of commencement of the legal action; (4 marks)

(b) the appropriate court at which the legal action is to be commenced; (3 marks)
(c) given that Hassan did not deny making the statement, discuss whether Abu can dispose of
the legal action expeditiously under any of the provision of the Rules of Court 2012
(18 marks)
(a) Paul is the copyright owner of a computer software programme designed for improving the
efficiency of communication and management in large organisations.
Recently, Paul obtained reliable information that an unknown person has sold unauthorised
copies of his popular songs to a Government Linked Company (“GLC”) and other unknown
organisations. Paul has good reasons to believe that the infringement copies of the software
are being used by the GLC pursuant to a software agreement prepared by Messrs. AA
Advocates & Co, a firm of solicitors acting for the unknown culprit so that he can put a stop
to the infringement.
Paul now engages you to take legal proceedings to ascertain the identity of the unknown
culprit so that he can put a stop to the infringement.
Advise Paul of the procedure for doing so. (5 marks)
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2019 November
2(b) After having obtained the identity of the culprit from the GLC, Paul realises that the culprit
is one DEF Copyking Sdn Bhd. From investigation and observations of DEF Copyking Sdn
Bhd’s business operations, Paul has found out that DEF Copying Sdn Bhd sells infringement
copies of the computer software online by using their computers at their office premises.
Paul filed an application for interlocutory injunction to prevent DEF Copyking Sdn Bhd
from destroying the incriminating evidence and removing the infringement products, but the
High Court Judge dismissed Paul’s application.
In dismissing the application, the High Court Judge verbally stated his grounds of dismissal
as Paul’s failure to make a full and frank disclosure and also the Judge was doubtful as to
the substantive merits of Paul’s case against DEF Copyking Sdn Bhd.
Explain the principles upon which the appellant court would deal with the appeal
against the High Court Judge’s dismissal of Paul’s application. (8 marks)
(c) After having gone through the interlocutory appeal, service of originating process, exchange
of pleadings, case management and full trial of the suit in the court, Paul has eventually
obtained the judgement of the High Court including orders that DEF Copyking Sdn Bhd had
infringed Paul’s copyrights, that DEF Copyking Sdn Bhd and its servants or agents are
restrained by injunction from making or selling infringement copies of the software, that
DEF Copyking Sdn Bhd, shall pay losses and damages totalling RM1,500,000.00 and
interest thereon at 5%, and that Paul is entitled to RM80,000.00 as the costs of action.
Paul is concerned that the directors and shareholders of DEF Copyking Sdn Bhd might be
unscrupulous and would defy the High Court order. From the limited might be unscrupulous
and would defy the High Court order. From the limited information Paul has in his
possession, DEF Copyking Sdn Bhd has a bank account with ABC bank and owns shares in
Kaya & Rich Sdn Bhd, another sizeable private limited company with substantial assets.
Paul does not want to consider any winding-up petition because he is uncertain about his
priority ranking as a creditor.
Advise Paul as to how he can protect his legal rights and recover the judgement sum
against DEF Copyking Sdn Bhd. (12 marks)
3. Answer ALL parts of this question which are separate and independent.
(a) A case was fixed for trial in the Kuala Lumpur High Court. On the trial date, Counsel for the
Defendant applied for a postponement as the Defendant was absent. The reason for his
absence was because his early morning air flight from Kuching to Kuala Lumpur was
delayed due to bad weather.
On the other hand, the Plaintiff’s Counsel applied orally to the Judge of the High Court to
enter default judgement against the Defendant on the ground that the Defendant was absent.
You are the Judge of the High Court. Explain what are the relevant factors that you
will take into consideration in making decision in respect of the two applications. In
your decision, you are to refer to relevant case law and the provisions of the Rules of
Court 2012. (10 marks)
(b) The plaintiff filed a writ action against the Defendant for a sum of RM900, 000.00 in the
Sessions Court. The Defendant filed a counterclaim for a sum of RM400, 000.00. The
Defendant, with the view of savings costs and time, wrote a letter offering to settle the
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2019 November
Plaintiff’s claim for a sum of RM500, 000.00. The Plaintiff had agreed to the offer by
replying to the Defendant’s letter.
However, just before the trial commences, the Plaintiff refused to accept the payment made
by the Defendant for the settlement sum.
On the day of the trial, the Plaintiff’s counsel without giving prior notice to the Defendant
or its counsel, made a preliminary objection against the Defendant’s counterclaim on the
ground that the Defendant’s counterclaim dos not have reasonable cause of action. The
Defendant’s counsel applied to strike out the Plaintiff’s claim on the ground that the Plaintiff
has agreed to accept the offer settlement.
You are to discuss whether the Court would allow –
(i.) the Plaintiff’s counsel to raise the preliminary objection on the day of the trial; and
(6 marks)
(ii.) the Defendant’s application to strike out the Plaintiff’s claim (9 marks)
(a) Jack commenced a legal action against YL Sdn Bhd for negligence. In the statement of claim,
Jack only alleged that sometime around February 2012, he fell down in a shopping mall
managed by YL Sdn Bhd and that he has suffered back injuries. Jack has particularlised his
injuries and claimed for damages.
YL Sdn Bhd now comes to you for advice.
(i) You are instructed that YL Sdn Bhd owns three (3) shopping malls in different
states. In order to prepare the defence, what are the steps can YL Sdn Bhd take
under Rules of Court 2012 to ascertain the facts of the alleged negligence?
(6 marks)
(ii) YL Sdn Bhd informed you that it had previously received a report from Jaya Shopping
Mall that one of the customers fell down at the escalator. The customer is Jack. You are
instructed that the maintenance of the escalator in the mall has been outsourced to E&E
Sdn Bhd. Hence, Jack ought to have sued E&E Sdn Bhd instead. YL Sdn Bhd wants
either to dispose of this suit as soon as possible or to avoid being held liable to pay for
the incident.
What is your advice regarding YL Sdn Bhd’s recourse and the procedures to pursue
such recourse? (15 marks)
(b) State the principles upon which the Court would allow a party to rely on a point not
pleaded but on which evidence was led without objection at the trial. (4 marks)
(a) Hassan has instructed you to file a legal action for defamation against Ali and Ahmad.
Damages is yet to be determined.
You have attempted service of the writ and statement of claim on both of them by way
of AR registered post. A few days after, you received the AR card for posting to Ali, but
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2019 November
it was signed by someone called Mohan. You also found out that the posting to Ahmad
was not successful.
(i) Discuss whether the service on Ali and Ahmad is valid and what should be
the next step in relation to service on Ali and Ahmad? (8 marks)
(ii) What can Hassan do if Ali and Ahmad fall to file defence? (4 marks)
(b) Under what circumstances will the Court order an interim payment. Explain the
applicable principles of law and procedures. (8 marks)
(c) The Sessions Court shall have no jurisdiction in actions, suits or proceedings of a
civil nature relating to certain causes of action. What are these causes of action?
(5 marks)
(a) Chong discovered that his business rival, PLC Co, sells infringement copies of his product. Chong
is worried that PLC Co, will destroy the incriminating evidence and remove the infringement
products before Chong is able to sue PLC Co.
Advise Chong as to the remedy and procedure for addressing such worry. (15 marks)
(b) The Plaintiff closed his case and counsel for the Defendant was asked to open the defence case.
At this point, counsel for the Plaintiff realised that he had failed to ask an important question to
the Plaintiff during re-examination. The Plaintiff wants to reopen his case to include additional
question in re-examination.
Advise the Plaintiff if this can be done. (4 marks)
(c) Explain the statutes which forbid the attachment of debt in the enforcement of judgement.
(6 marks)
(a) After the counsel for the Plaintiff and Defendant made their respective submissions, the court
granted judgement in favour of the Plaintiff. The Plaintiff’s counsel thereafter filed the judgement
and after it was sealed, he discovered that one of the claims that was allowed by the court was
omitted from the sealed judgment.
Advise the Plaintiff on the procedure he should adopt to rectify the omission. (5 marks)
(b) ‘Pleadings should contain facts only but not evidence and law.’ Explain by reference to the
decided cases and the provisions of the Rules of Court 2012. (8 marks)
(c) Ahmad has applied for summary judgement under Order 14 of the Rules of Court 2012 and Bakar
has raised the objections stated below. Consider each objection separately and state its validity
and its likely effect:
(i) Plaintiff’s claim involves difficult questions of law.
(ii) Plaintiff’s affidavit-in-support does not state that in the Plaintiff’s belief there is no
defence to the claim.
(iii) The application for summary judgement was filed about 12 months after defence
was filed and served. (12 marks)
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2020 Main (March 2021)
2020 Main Paper (March 2021)
Super Sdn. Bhd. owns a Complex Tower situated at the Business Centre in Malacca. Super Sdn. Bhd. has
entered into a tenancy agreement with Abu, Ling and Sami, as partners of Lee & Co for the entire
mezzanine floor of the Tower (“the Tenancy Agreement”). The firm, Lee & Co is carrying on business
as an event organiser with business trading address at Taman Kajang, Selangor (“the Firm”).
It was, amongst others, a term of the Tenancy Agreement that –

a. The tenancy is for a two (2) year term commencing from 1 November 2019 with an option of renewal
for a further one (1) year term and that there is no restriction for the sub-letting;
b. The monthly tenancy is RM15, 000, payable by the seventh (7) day of each month;
c. If at any time of the tenancy, the condition of the demised premises becomes unfit for occupation, the
tenant is entitled to suspend the monthly rental payment and parties are to amicably resolve the
dispute.
Soon after the Firm took delivery of the demised premises in November 2019, Abu found that here us
water leaking at the demised premises. Despite repairs, the water leaking problem remains.
Since December 2019, Super Sdn. Bhd., has, in collaboration with the Firm, used the demised premises
from time to time to hold events and agreed to share the profits earned from the events with the Firm.
The Firm organised an event for a customer at the demised premises on 14 January 2020. During the
event, water flowed from the roof which interrupted and caused the function to stop abruptly. The
customer threatened to sue the Firm for damages.
Sami, the Managing Partner of the Firm, gave written notice to Super Sdn. Bhd. that the demised premises
is unfit for occupation and claimed for compensation.
Super Sdn. Bhd. discovered that the Firm has not paid the monthly rental since February 2020. Super
Sdn. Bhd. refuted the Firm’s claim and demanded for the payment of rental in arrears.
Sami disputed the demand of Super Sdn. Bhd. on the basis that the Firm is entitled to suspend payment
of the monthly rental because the demised premises is unfit for occupation.
By a letter dated 6 July 2020, Super Sdn. Bhd., terminated the Tenancy Agreement because the Firm
failed to pay the monthly rental in arrears and gave notice to the Firm to quit the demises premises. Sami
replied by a letter the next day claiming that the termination was unlawful.
Answer the following questions:

(a) Super Sdn. Bhd. intends to commence a legal action to recover the outstanding monthly
rentals and to take possession of the demised premises. Super Sdn. Bhd. wants to know:
(i) The appropriate party to be named as the party to be sued and state the reasons for
your answer; (6 marks)
(ii) What is the appropriate mode of commencement and in which court and where the
intended legal action should be commenced (7 marks)
State the relevant procedures and the legal principles in support of your answer.
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(b) Having been served the legal action filed by Super Sdn. Bhd. pursuant to paragraph (a) above,
the Firm wants to specifically enforce the Tenancy Agreement against Super Sdn. Bhd. and
claims damages for breaching the “fit for occupation” clause in excess of millions of ringgits.
The Firm also wants Super Sdn. Bhd. to account for the profit exceeding one million derived
from the use of the demised premises.
Without Super Sdn. Bhd.’s knowledge, the Firm has since June 2020 sub-let the demised
premises to Chulan who is now in possession of the demises premises.
Prepare a note on the Firm’s intended course of action with specific reference to the value
limit of jurisdiction of the Court by reference to the relevant procedures and the applicable
legal principles. (12 marks)
(a) On 14 March 2020, George Kim received a notice from WBC Trust Consultancy that he shall
cease to be a beneficiary of KK Trust Fund and with effective from 1 April 2020, he shall no
longer be paid the monthly allowance.
KK Trust Fund is a trust fund created by George Kim’s great grandfather for the benefit of the
heirs of the Kim family (“the Trust Fund”). WBC Trust Consultancy is the appointed trustee of
the Trust Fund (“the Trustee”).
George Kim asked the Trustee the reason of him ceasing to be a beneficiary. The Trustee replied
that the decision was made pursuant to its discretion as the trustee of the Trust Fund in accordance
with the provisions of the Trust Deed.
At all material times, George Kim did not have a copy of the Trust Deed. HE requested from the
Trustee for a copy of the Trust Deed. The Trustee did not accede to George Kim’s request on the
ground of confidentiality. This was because the disclosure of the Trust Deed to George Kim
would expose the financial information of the Trust Fund to him who is now no longer a
beneficiary.
George Kim applied to the High Court for an order that the Trustee is to deliver to him a copy of
the Trust Deed. His reason is that the Trust Deed would enable him to take proper legal advice
because he intends to challenge the Trustee’s decision to remove him as a beneficiary under the
Trust Fund.
The learned High Court Judge agreed with the Counsel for the Trustee on the point of
confidentiality and dismissed George Kim’s application.
You are to advise George Kim whether there are any merits to appeal against the decisions
of the High Court Judge. (15 marks)
(b) Plaintiff sued the Defendant for defamation. After several case managements before the learned
High Court Judge, the parties have filed and served the usual pre-trial documents except the
agreed bundle documents and witness statements. The learned High Court Judge fixed the trial
dates in two (2) months’ time and directed the parties to file the agreed bundle of documents and
witness statements on or before the last case management which was two (2) weeks before the
trial.
89
Before the last case management date, the Plaintiff’s solicitor had filed and served the Plaintiff’s
witness statements. The Defendant, on the other hand, changed and appointed new solicitors.
On the last case management hearing, the Plaintiff’s Counsel informed the learned High Court
Judge that the agreed bundle of documents cannot be filed because the Defendant’s solicitors
have not responded as to the marking of the documents. The Defendant’s Counsel requested the
Court to grant an extension of time for compliance as the Defendant’s solicitors were just
appointed one (1) week before the last case management date.
The learned High Court Judge maintained the trial dates which were fixed previously and directed
he parties to comply with the remaining pre-trial documents within fourteen (14) days before the
trial dates, failing which, either the Plaintiff’s action will be dismissed or the Defendant’s
Defence will be struck out and judgement be entered for the Plaintiff.
The Plaintiff took the liberty to file the agreed bundle of documents two (2) weeks before the trial
commenced because the Defendant’s new solicitors did not respond to the Plaintiff’s solicitors
on the marking of the documents.
The Defendant’s new solicitors filed and served the Defendant’s witness statements four (4) days
before the trial commenced. The Plaintiff’s solicitors proceeded to file an application to strike
out the Defendant’s Defence and for the judgement to be entered against the Defendant for failure
to comply with the Court’s direction to file the witness statements fourteen (14) days before the
trial commenced (“the Application”). To The Plaintiff’s Application, the Defendant affirmed an
affidavit in reply stating that the non-compliance was due to the facts that a material witness was
undergoing medical treatment for the past few months.
You are to discuss the legal principles and the provisions of the Rules of Court 2022 which
are relevant for the learned High Court Judge in making the decision on the Plaintiff’s
Application. (10 marks)
3. Answer ALL parts of this question which are separate and independent
(a) ABC Sdn. Bhd. agreed to purchase 1,000,000 shares in a public listed company from XYZ Sdn.
Bhd. for a total consideration of RM5 million. The sum of RM5 million was held by Zee
Chartered Accountants as stakeholders pending completion of the sale and purchase of the shares.
Before the sale could be completed, a financial crisis caused the price of the shares in the public
listed company to drop to 50 sen per share. ABC Sdn. Bhd. gave notice to XYZ Sdn. Bhd. that it
is terminating the purchase of the shares and through its solicitors demanded the sum of RM5
million from Zee
Chartered Accountants. XYZ Sdn. Bhd. refused to accept the termination. XYZ Sdn. Bhd., said
that it was ready and willing to transfer the shares at the agreed consideration of RM5 million
and also instructed its solicitors to demand the sum of RM5 million from Zee Chartered
Accountants.
With reference to the Rules of Court 2012 and relevant legal principles, advise Zee
Chartered Accountants on the procedures that should be adopted to avoid being sued by
either or both parties. (13 marks)
(b) Param’s house was damaged during a thunderstorm when a large billboard which was erected on
the adjoining land owned by Devan was uprooted and fell on the roof of Param’s house. The
billboard was erected on Devan’s land by AA Advertising Co. which pays an annual rent to
Devan for the space occupied by the billboard. Param has filed a writ action in court against
Devan for damages.
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Advise Devan of his recourse against AA Advertising Co. by making reference to the
relevant procedures and legal principles. (12 marks)

Jaya Bhd. is a housing developer (“the Developer”) with a development project at Taman
Tempoyan, Ipoh, Perak, (“the Project Site”). On 15 January 2021, the Ipoh City Council approved
the Developer’s application to allocate two (2) acres of land within the Project Site for the
construction of a crematorium (“the Intended Cremation Site”).
Kassim is the chairman of the Residents’ Association of Taman Kepoh which is six (6) kilometres
away from the Intended Cremation Site. The Residents’ Association is registered under the
Societies Act 1966 and Siti is registered public officer.
Prior to the Ipoh City Council’s approval, Kassim submitted the Residents’ Association written
objection to the Ipoh City Council against the Developer’s application on health reasons. Being
unhappy with the approval of the Ipoh City Council, the committee of the Residents’ Association
wishes to sue the Ipoh City Council for an order to set aside its approval and for damages by way
of a writ action (“the Intended Suit”).
Having known about the Residents’ Association’s Intended Suit, the Developer and the Human
Religious Group want to be heard in that legal suit. The Human Religious Group is an
unincorporated body led by Rama which promotes cremation over burial as a form of funeral
ceremony.

(a) You are now asked to prepare an opinion on the procedural requirements and the
applicable legal principles pertaining to the intended course of action by the
Residents’ Association, the Developer and the Human Religious Group. (18 marks)
(b) Would your answer to question (a) above differ if the Ipoh City Council’s approval
was made on 15 October 2020? Discuss and state your reason. (7 marks)
5. Answer ALL Parts of this question which are separate and independent.
(a) In January 2020, Hassan aged twenty (20) was riding his motorcycle with his younger brother
Amir aged fourteen (14) who was the pillion rider when a car which was dangerously driven by
Daud collided into the back of the motorcycle. Both brothers suffered injuries with Hassan
suffering permanent brain damage and Amir suffering superficial injuries. Amir has since fully
recovered and is able to go back to school. Hassan, however, is totally paralysed and is classified
as a person under disability. Ali who is the father of Hassan and Amir wants legal action to be
filed in court against Daud for negligence.

(i) Advise Ali as to who should file the case in court, Give reasons for your answer and
state the procedure that has to be adopted. (10 marks)
(ii) Ali, who is taking care of Hassan, does not have the financial means to look after Hassan
who requires lifelong nursing care and supervision. The case against Daud has been filed
in court and the trial date is on 20 November 2021
With reference to the provisions in the Rules of Court 2012 and applicable legal
principles, advise Ali if he can resort to a procedure to obtain payment from Daud
while the case is still pending. (10 marks)
(b) Explain the procedure in relation to appeals against decision of the Registrar of the
High Court to a Judge in Chambers. (5 marks)
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(a) Plaintiff sued Defendant for defamation.
One of the documents marked as Part B in the agreed bundle of documents is an email written by
Zamri, the Defendant’s business associate stating that the Plaintiff had admitted to the truth of
the Defendant’s alleged defamatory statements in the impugned email.
At the trial, the Defendant’s Counsel wants Zamri to testify on the email written by him.
Can the Defendant’s Counsel do so? (6 marks)
(b) Plaintiff commenced a writ action against Defendant for breach of contract at the High Court in
Ipoh, Perak.
After all the pre-trial directions had been complied with and a month before the trial, the Plaintiff
applied to amend the Statement of Claim by adding further facts to support the claim against the
Defendant. Having heard the objection by the Defendant, the High Court nevertheless allowed
the Plaintiff’s application to amend the Statement of Claim.
The Defendant appealed against the decision of the High Court to the Court of Appeal.
Answer the questions below:

(i) Pending the hearing of the appeal, the Defendant does not wish for the trial before
the High Court to proceed. Advise the Defendant by reference to the decided cases
and the relevant procedures. (8 marks)
(ii) Advise the Defendant on the chances of success of his appeal (6 marks)
(c) On 17 July 2020, a landowner obtained an order for possession from the High Court against fifty
(50) persons occupying and erecting their own houses at the ten (10) acre plot of land owned by
the landowner without his knowledge or consent.
Despite service of the order of the High Court upon them, the fifty (50) persons refused to vacate
the land.
Advise the landowner. (5 marks)
(a) Wong and his brother who are joint owners of a bungalow entered into a sale and purchase
agreement to sell the said property to Tan for RM3 million. Tan has paid the deposit and is ready
and willing to settle the balance purchase price. Subsequently, a dispute broke out between Wong
and his brother over the sale of the property. Wong has now informed Tan that he and his brother
no longer wish to sell the property. Tan is not in breach of any term of the sale and purchase
agreement and has refused to accept Wong’s termination of the agreement.
With reference to the provisions of the Rules of Court 2012 and decided cases, advise Tan
on the relevant procedure he should adopt to obtain speed judgment against Wong and his
brother. (9 marks)
(b) In 2013, Peter sued David in a claim for goods sold and delivered in the sum of RM250, 000.00.
During the trial, Peter could only produce delivery orders and invoices for goods amounting to
RM200, 000.00. He has mislaid the delivery orders and invoices for goods amounting to RM50,
000.00. The court granted judgment to Peter for RM200, 000.00 and dismissed his claim for the
balance RM50, 000.00. Peter did not file an appeal. David fully settled the sum of RM200, 000.00
with Peter. In March 2020, Peter found the missing delivery orders and invoices in June 2020, he
filed a fresh action in court against David for the balance RM50, 000.00. David is disputing the
claim.
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With reference to the provisions of the Rules of Court 2012 and decided cases advise David
on the procedure he should adopt to speedily dispose off Peter’s claim. (9 marks)
(c) Somchai, a citizen of Thailand, came to Kuala Lumpur in January 2020 for a bank holiday. He
hired a car to go on a road trip. The care was driven by him knocked down a pedestrian named
Chan in Kuala Lumpur. Somchai has since returned to Thailand. Chan wants to file a legal action
for damages in the Kuala Lumpur Sessions Court against Somchai.
Explain the procedure that is to be adopted for the issuance of a writ to be served out of
jurisdiction. (7 marks)
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2020 Supplementary (December 2021)
2020 Supplementary Paper (December 2021)

(a) Ali, his wife Siti and their 12-year old child who all live in Seremban went on a day trip to Jalan
Bukit Bintang, Kuala Lumpur around November 2016. While walking along the pavement, an
object fell on them from the rooftop of a tall building causing severe injuries to all of them.
At all material times the building owner Persatuan XYZ, a registered society had rented out the
rooftop space of the building to a mobile telecommunications company, ABC Mobile Berhad,
which had installed telecommunications equipment there.
At the time of the accident, ABC Mobile Berhad had employed the services of Zon Contractors
which is solely owned by Wong to carry out repair works to the telecommunications equipment
on the rooftop. The careless handling of the equipment had caused the object to fall on Ali and
his family.
It took a few years for Ali and his family to recover from their injuries after which Ali decided to
seek legal advice to file legal proceedings for himself and his family to recover damages arising
out of the accident.
Advise Ali if he and his family have a valid cause of action. Also state the parties who would
be named as Plaintiffs and Defendants and their capacities to sue and be sued with reference
to relevant legislations and the Rules of Court 2012. (13 marks)
(b) The damages that Ali and his family intend to claim in their proposed action in court is in excess
of RM1million. Ali wants to keep his legal cost low and would prefer if the claim is filed in the
Sessions Court.
Advise Ali if the Sessions Court has the jurisdiction to try his proposed claim and give
reasons for your answer. (6 marks)
(c) Ali and his family still live in Seremban. Persatuan XYZ is still the owner of the building.
However, its registered address and principal place of business are in Penang. ABC Mobile
Berhad has its registered address and principal place of business in Putrajaya. Zon Contractors
has its business address in Ipoh.
Advise Ali in which local location he should file his proposed action and give the reasons
for your answer. (6 marks)
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(a) On 12th June 2021, Roy filed a writ action against 3 partners of a firm in a claim for goods sold
and delivered. The 3 partners were sued in their own names. By 1st November 2021 Roy had
managed to effect service of the writ on the first and second partners. As to the third partner, Roy
had difficulty in tracing his whereabouts. On 3rd December 2021, Roy discovered the
whereabouts of the third partner and attempted to serve the writ on him but he evaded service.
Advise Roy on the procedural steps he should take before he can effect valid and effective
service of the writ on the third partner. (12 marks)
(b) The Plaintiff files a suit in court on 6th April 2020 against a private limited company as the 1st
Defendant and two (2) of its directors as the 2nd and 3rd Defendants respectively. The cause of
action is in breach of contract which occurred on 15th January 2015. The suit is fixed for trial on
30th December 2021.
On 29th November 2021, the Plaintiff filed an application to court to amend the writ and statement
of claim seeking the following amendments:
(i) as against the 1st Defendant, the Plaintiff wants to include a fresh cause of action which
accrued to the Plaintiff in June 2020.
(ii) as against the 2nd Defendant, the Plaintiff wants to remove an admission in the statement
of claim which the Plaintiff now realises is prejudicial to his claim against the the said
2nd Defendant.
(iii) as against the 3rd Defendant, the Plaintiff wants to substitute him with another director of
the 1st Defendant as the 3rd Defendant had passed away in 2020.
Advise the Plaintiff if he is likely to success in his application with reference to the legal
principles on amendment to pleadings and to the relevant case law. (13 marks)
(a) The Plaintiff obtained final judgement against the Defendant in the sum of RM140, 000.00. The
Defendant has not settled the judgement sum. It has come to the knowledge of the Plaintiff that
there is a sum of RM150, 000.00 which was paid into court for the credit of the Defendant as
security for costs by a party in an earlier unrelated civil suit. The Defendant has not taken steps
to withdraw money from court although the earlier case has been disposed of.
Advise the Plaintiff on the procedure he should adopt in order to recover the judgement
sum of RM140, 000.00 from the Defendant’s money which is in court and the principles
which the court adopts in considering such an application. (8 marks)
(b) Johan underwent surgery in a private hospital. The surgeon Dr. Raj was assisted by an anaesthetist
Dr. Wong. After the surgery, Johan alleged that there was medical negligence on part of the two
doctors. Johan filed a suit in the High Court against them and alleged that they were jointly and
severally liable. Dr. Raj and Dr. Wong have appointed their own respective lawyers to represent
them in court.
95
Johan put forward terms of settlement to both Dr. Raj and Dr. Wong and wanted both of them to
concede liability and pay him RM1 million in total as general damages. Dr. Raj has refused to
admit liability or pay damages and wants to proceed to full trial. Dr. Wong’s solicitors have
advised him that if the matter proceeded to trial, liability will likely be apportioned equally
between himself and Dr. Raj. His lawyers also advised him that the total quantum of damages
Johan can expect the court to order against both doctors is RM500, 000.00. Dr. Wong is prepared
to settle the matter in order to reduce his legal fees and costs but is unable to persuade Dr. Raj to
likewise settle the case.
Dr. Wong is upset that Dr. Raj is refusing to settle the matter. He does not want to be liable for
excessive costs that could be avoided if Dr. Raj settled the matter before it proceeded to full trial.
Advise Dr. Wong on the procedure he should adopt against Dr. Raj in the pending
proceedings if he wants Dr. Raj to pay his costs or indemnify him for costs in the event the
judgement obtained by Johan after trial does not exceed RM500,000.00. (8 marks)
(c) Wong borrowed RM200, 000.00 from Biz Credit which is a licensed moneylender. As security
for the loan, Biz Credit created a charge over Wong’s residential property. Wong defaulted in the
repayment of the loan. Biz Credit commenced proceedings in the High Court against Wong to
recover payment of the money secured by the charge, sale of the charged property and delivery
of possession of the property to Biz Credit.
Wong was served with the originating process and the Affidavit of Biz Credit which exhibited
only the letter of demand sent to Wong and a copy of the loan agreement. The amount that was
allegedly due from Wong was not particularised in the Affidavit. Wong did not attend court when
the matter first came up for hearing. On 1st December 2021, Biz Credit contacted Wong by
telephone and informed him that the next hearing date was on 3rd December 2021 and asked him
to be present in court.
Advise Wong on the objections that he may take in respect of the proceedings filed by Biz
Credit when he attends court on 3rd December 2021. (9 marks)
4. M Bhd. is a trading company. Prior to 2018, M Bhd.’s directors were Abu, Krishna and Chong.
C Sdn. Bhd. bought over M Bhd.’s entire shareholdings in February 2018 and thereafter replaced
the entire Board of Directors of M Bhd. with its nominees. Edward is the current Managing
Director of M Bhd.
During the audit investigation carried out last year, it was discovered that during the time when
Abu, Krishna, and Chong were the directors, they had paid out a total sum of RM20 million to
another company, S Sdn. Bhd. Abu, Krishna and Chong are the shareholders and directors of S
Sdn. Bhd.
M Bhd. commenced a writ action only against Abu, Krishna and S Sdn. Bhd. Chong was not
made a defendant in that writ action because Edward and Chong are close friends.
After having been served with the Statement of Claim, Abu, Krishna and S Sdn. Bhd. entered
appearance and filed and served their Statement of Defence. After the close of pleadings, Abu
came to know that the Board of Directors of M Bhd. has in fact passed a resolution to commence
a legal action against Chong as well.
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Abu, Krishna and S Sdn. Bhd. want to know if the failure to include Chong will cause the writ
action against them to be invalid and whether they can bring Chong as a co-defendant. Their
ultimate aim is to make Chong to share the liability to pay should a judgement be made against
them in the writ action.
Advise Abu, Krishna and S Sdn. Bhd. by reference to the provisions of the Rules of Court
2012 and the relevant principles supported by decided cases. (25 marks)
(a) H Sdn. Bhd. leased machines to Uptown Bhd., for its operational needs at a monthly rental of
RM500, 000.00. The various restriction order imposed by the Government to combat the COVID-
19 pandemic have impacted the cash flow of Uptown Bhd. Uptown BHd. has defaulted on
payment of the rental for the lease of the machines in the total sum of RM3 million.
H Sdn. Bhd. decided to commence writ action against Uptown BHd. for the following reliefs:
(i) Uptown Bhd. is to pay RM3 million to H Sdn. Bhd.
(ii) Uptown Bhd. is to deliver the machines to H Sdn. Bhd. within 7 days from the order of
this Honourable Court.
(iii) Alternative to prayer (ii) above, H Sdn. Bhd. be permitted to enter the premises wherever
the machines are situated and Uptown Bhd. be restrained from obstructing H Sdn. Bhd.
from taking delivery of the machines.
(iv) Damages to be assessed.
(v) Interests.
Despite being served with the writ and the Statement of Claim, Uptown Bhd. did not enter
appearance after the time limited for appearing provided under the Rules of Court 2012. H Sdn.
Bhd. wants to know whether the judgement can be entered against Uptown Bhd.
Advise H Sdn. Bhd. with reference to the provisions of the Rules of Court 2012 and the
relevant procedure. (14 marks)
(b) In a writ action between PNB and Inland Ltd., the High Court allowed Inland Ltd.’s application
as the Defendant for two questions of law to be determined under O.14A of the Rules of Court
(“O.14A Application”).
PNB’s appeal against the High Court’s decision allowing Inland Ltd.’s O.14A Application failed
before both the Court of Appeal and the Federal Court. Thereafter, during a case management,
the High Court Judge directed both parties to prepare the questions of law to be determined by
the Court. PNB proposed a total of 6 other additional questions which it submitted that the High
Court needs to determine. Inland Ltd. Opposed to the additional questions proposed by PNB on
the ground that PNB’s Writ action can only be determined based on the two question of law as
allowed by the High Court under the O.14A Application.
PNB comes to you for advice on the objection taken by Inland Ltd. PNB also wants to know
if the High Court were to disallow its additional questions of law, whether the High Court’s
decision is appealable. (11 marks)
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(a) CM Corporation BHd. is in the construction business. CM Corporation Bhd. Entered into a
contract with Aru Pillai, a citizen from Bangladesh for Aru Pillai to supply materials for CM
Corporation Bhd.’s construction sites since 2019.
In July 2021, CM Corporation Bhd. requested Aru Pillai to put the contract on hold. Aru Pillai
considered CM Corporation BHd. has repudiated the contract and commenced a writ action in
the High Court for damages. In his Statement of Claim, Aru pleaded that he has spent all his
monies to buy the materials to be supplied under the contract with CM Corporation BHd.
Currently, Aru Pillai is not in Malaysia and he has no asset or place of business in Malaysia. For
these reasons, CM Corporation BHd. comes to you for advice as to the manner by which it can
secure payment of cost of proceedings from Aru Pillai if his claims were to be dismissed by the
Court.
Advise CM Corporation Bhd. on how its concern can be addressed by reference to the
provisions of the Rules of Court 2012, the procedure and the relevant decided case law.
(18 marks)
(b) The Plaintiff obtained judgement in the sum of RM3 million against Defendant after a trial before
the High Court. The High Court found that the Defendant was negligent.
The Defendant appealed against the High Court’s decision of the Court of Appeal. Pending the
disposal of the hearing of the appeal by the Court of Appeal, the Defendant managed to find a
witness who can give evidence in relation to the issue whether the Defendant was negligent. The
witness can also give evidence as to the incident that occurred after the date of the High Court’s
decision which may give an impact to the amount of damages awarded by the High Court against
the Defendant. The Defendant could not have located the whereabouts of this witness during the
trial before the High Court.
Advise Defendant whether the oral testimony of the witness can be received by the Court of
Appeal. (7 marks)
(a) The Plaintiff, which is a bank, filed a writ action against the Defendant, who is a valuer, for
negligence in the preparation of a valuation report in respect of a loan transaction. The bank
suffered losses as a result of the negligence. In his Statement of Defence filed in court, the
Defendant denied that he was negligent. However, in several paragraphs in his Statement of
Defence, he made unsubstantiated and irrelevant allegations of corruption, immorality and other
scandalous matters against the Plaintiff and its officers.
Advise the Plaintiff on the procedure it should adopt to remove the unsubstantiated and
scandalous allegations from the Statement of Defence and the principles the court adopt
when considering such an application with reference to case law. (8 marks)
(b) On the trial date of a civil suit, the Plaintiff and his counsel were present. The Defendant was
absent. However, his counsel was present. The Defendant counsel’s application to court for an
adjournment on the ground of the Defendant’s absence was refused by the court.
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The Plaintiff’s counsel opened his case and after the Plaintiff’s testimony was concluded, his
counsel requested for an adjournment in order to produce a witness to tender an original document
which is crucial to the Plaintiff’s case. The request for the adjournment was refused and the
Plaintiff’s counsel was asked to close the case for the Plaintiff. The Defendant’s counsel was then
asked to open the case for the Defendant.
Under these circumstances, what is the most appropriate step in the proceedings that the
Defendant’s counsel should adopt? Support your answer with reference to relevant case
law. (7 marks)
(c) After a trial, judgement was delivered by the court. The Plaintiff counsel discovered that owing
to an oversight, the Judge did not allow a prayer in the statement of claim. The judgement has not
been sealed.
Advise the Plaintiff on the procedure he should adopt to rectify the oversight with reference
to case law. (6 marks)
(d) When is a cause of action deemed to be complete? (4 marks)
ooOoo
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2021 Main (April 2022)
2021 Main Exam (April 2022)

5 years ago, Ah Chong, a minor and also the only child in the family, passed away after being
knocked down by a van when he was crossing a road on his way home. The accident happened
near Jalan Bukit Nanas, Kuala Lumpur.
Abu, the driver of the van, owns a travelling business with an office in Alor Setar, Kedah. At the
time of the accident, Abu admitted to Ah Chong’s mother, Mer Li that he was negligent in causing
the death of Ah Chong but Mei Li did not know that she could sue Abu for damages. Abu
subsequently also admitted to an offence for causing death to Ah Chong by reckless driving. Ah
Chong’s father passed away 10 years ago.
Being a minor, Ah Chong did not have a will. Neither did he own any property and for that reason,
no letter of administration was being applied for his estate.
Recently, Mei Li came across a lawyer. The lawyer told her that she could sue Abu for the loss
of support occasioned by her son’s death and the compensation amount could be more than RM1
million. Mei Li agreed to engage the lawyer to commence the legal proceedings against Abu for
her benefit.
The lawyer is of the view Abu will have no defence to the claim and hence there could be no
dispute of facts on the questions of liability. The lawyer commenced the legal proceedings by
originating summons with a view to achieve an expeditious disposal of the legal proceedings.
The originating summons was filed at the Kuala Lumpur High Court.
Mei Li is named as the Plaintiff with a statement that she sued in her capacity as the litigation
representative of her deceased son, the late Ah Chong. The relief prayed for in the originating
summons is a declaration that Abu is liable for the death of late Ah Chong, the deceased and an
order that damages is to be assessed.
Answer all the following questions and support your answers with the relevant legal principles
and procedures:
(a) Advise Mei Li:
(i) whether the legal proceedings was commenced with the appropriate mode of
proceedings. (6 marks)
(ii) if there is another mode of proceedings where an expeditious disposal of the legal
proceedings can be achieved as intended by the lawyer. (4 marks)
(b) Advise Abu:
(i) whether the legal proceedings commenced by Mei Li is sustainable in law and
whether there is any legal requirement for such challenge. (10 marks)
(ii) whether any objections can be made that the legal proceedings should be filed at
the Alor Setar High Court instead. (5 marks)
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PART B : ANSWER ANY THREE (3) QUESTIONS

(a) The Plaintiff commenced a writ action in court against the Defendant for injuries arising form an
alleged road accident. The Plaintiff claimed that the Defendant who was riding a motorcycle had
collided into him while he was walking on the side of the road. The Defendant informed his motor
insurers, namely, ABC Insurance, of the accident who, under the Road Transport Act 1987 is
obliged to settle any judgement that the Plaintiff may obtain against the Defendant. ABC
Insurance investigated the circumstances of the accident and discovered that the Plaintiff and
Defendant intended to commit fraud against ABC Insurance by making false police reports about
the accident. The Plaintiff had in fact fallen down from a tree and injured himself. The Plaintiff
and the Defendant then made up a story about the accident and conspired to file a fraudulent
action in court and make ABC Insurance pay the judgement sum.
The trial will be in two (2) months’ time. The Plaintiff and Defendant intend to record a consent
judgement and compel ABC Insurance to settle the judgement sum. ABC Insurance wants to be
included as a party to the suit to expose the fraud and protect its interest.
Advise ABC Insurance on the procedure it should adopt and principles adopted by the
court when hearing proceedings of this nature. (8 marks)
(b) Peter obtained judgement against Daniel in the sum of RM1.2 million in the High Court. Daniel
has failed to settle the judgement sum. Daniel is the registered proprietor of a vacant bungalow
which is free from encumbrances.
Describe the procedure which Peter can adopt to enforce the judgment against Daniel in
respect of the said bungalow. (9 marks)
(c) On 5 January 2015, Pawan obtained a judgement in the Magistrate’s Court against David for the
sum of RM50, 000.00. Before Pawan could file execution proceedings, David left Malaysia for
an unknown destination. On 25 February 2021, David returned to Malaysia as a successful
businessman. Pawan wants to file a writ of seizure and sale in respect of David’s moveable assets
in his residence.
Advise Pawan on the procedure he should adopt before he can file a writ of seizure and sale
under these circumstances and the principles applied by the court in respect of the
procedure. (8 marks)
(a) The Plaintiff file a writ and statement of claim in the High Court seeking, inter alia, and order for
specific performance and general damages against the Defendant. The writ and statement of claim
were served on the Defendant but he did not enter a memorandum of appearance. The Plaintiff
to enter default judgement against the Defendant.
Advise the Defendant if the judgement entered against him is regular and give your reasons.
(7 marks)
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(b) The Plaintiff filed a writ and statement of claim against the Defendant. In the statement of claim,
the Plaintiff alleged fraud against the Defendant but did not pleas sufficient particulars of the
fraud. The Defendant wants the Plaintiff to furnish more particulars of the alleged fraud so that
he can be better prepared to defend the Plaintiff’s claim at the trial.
Advise the Defendant on the procedure and the principles involved in seeking particulars
if the fraud from the Plaintiff. (8 marks)
(c) ABC Sdn. Bhd. (“the Company”) maintains a current account and several fixed deposit accounts
with Zee Bank Berhad (“the Bank”). Recently the Company discovered that two (2) of its fixed
deposit accounts were uplifted without its knowledge and the proceeds paid to a third party
account. When queried, the Bank said that the Company has earlier provided company resolutions
to the Bank appointing two (2) of its senior managers as signatories of the bank accounts and the
fixed deposits were uplifted lawfully. The Company has no knowledge of the resolutions.
The two (2) senior managers had resigned prior to the uplifting of the accounts and when
contacted by the Company, denied that they had anything to do with the bank accounts.
The Company wants to take legal action against the known or unknown perpetrators of the fraud
and forgery. It contacted the Bank for copied of the resolution and bank documents allegedly
signed by the two (2) officers. The Bank has demanded a written undertaking form the Company
that it will not sue the Bank for negligence and only then would the Bank provide the documents.
The Company is unwilling to give undertaking.
Advise the Company on the procedure it should adopt to obtain the documents from the
Bank and the principles adopted by the court when considering the applications.(10 marks)
(a) Plaintiff sued three (3) Defendants for tort of conspiracy at the High Court. The three (3)
Defendants were separately represented by different firms of solicitors.
Each of the three (3) Defendants filed separate applications to strike out the Plaintiff’s Statement
of Claim on the ground of failure to plead material facts which would sustain the Plaintiff’s claim
against the three (3) Defendants. All three (3) applications have different grounds in support of
the respective applications and different filing dates.
The learned High Court Judge heard the three (3) Defendant’s applications and delivered the
decision on the same day by allowing all the three (3) Defendants’ applications. The learned High
Court Judged delivered single judgement explaining in detail the Court’s decision in allowing
each of the Defendant’s separate applications.
Plaintiff appealed to the Court of Appeal by filling only one notice of appeal against the decision
made by the learned High Court Judge.
One of the Defendants’ solicitors wishes to engage you as Counsel to argue for the appeal before
the Court of Appeal.
You are to advise:
(i) whether the Plaintiff’s notice of appeal is bad in law; and
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(ii) whether any objection that there us no proper appeal because the Plaintiff’s notice of
appeal is bad in law can be raised by way of preliminary objection at the hearing before
the Court of Appeal.
You are the support your answer with reasons by reference to the statutory provisions and
The relevant decided cases. (13 marks)
(b) When filing the memorandum of appeal, the Appellant only included a copy of the draft order of
the High Court’s decision appealed against in the memorandum of appeal. In the memorandum
of appeal, the Appellant did not raise the question of illegality as a ground of appeal.
During the case management, the Deputy Registrar of the Court of Appeal directed that the sealed
order of the said High Court’s decision must be filed by way of supplementary appeal record
within two weeks from the date of receipt of the sealed order from the High Court.
The Appellant filed the supplementary appeal record which contained the sealed order of the
High Court, fifteen (15) days after the sealed order was received from the High Court without
filling an application for extension of time.
When the parties exchanged the written submissions, the Respondent noticed that the Appellant
raised the question of illegality as a ground of appeal. The argument of illegality was not raised
before the High Court.
You are the Counsel for the Respondent. The Respondent wants your advice as to whether
objections can be raised with regard to the filing of the sealed order and the Appellant’s
submission on illegality as a ground of appeal.
You are to state the relevant legal principles together with the decided cases in your answer.
(12 marks)
(a) XYZ Bank obtained a judgment against Chong for the sum of RM25, 000.00 in respect of a loan.
The Bank enforced the judgement by way of a writ seizure and sale in respect of the moveable
assets in Chong’s house.
The Court Bailiff went to Chong’s house and seized several items and gave Chong notice that the
items will be auctioned at the expiry of fourteen (14) days unless Chong settled the judgement
sum. Chong is unable to settle the judgement sum. Chong’s wife is not only the joint proprietor
of the house but also contributed to the purchase of the items that have been seized by the Bailiff.
Advise Chong’s wife on the procedure she should adopt if she wants to seek the release of
the seized items and her chances of success in securing the release of the said items.
(10 marks)
(b) The defendant in his Affidavit in reply:
(i) Firstly, relied on several facts which he was unable of his own knowledge to prove.
(ii) Secondly, accused the Plaintiff of being a womaniser, swindler and an alcoholic.
(iii) Lastly, the exhibits annexed to the Defendant’s Affidavit did not contain the certificate
of the Commissioner of Oaths before whom the affidavit was sworn.
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Advise the Plaintiff if he has grounds to object to the Defendant’s Affidavit and the course
of action he should adopt. (15 marks)
(a) Ahmad is an occupier of a piece of the land owned by D Company. At the encouragement of D
Company, Ahmad has been carrying on farming activities in the land since 10 years ago. Ahmad
supplies the vegetable from his farm to a restaurant owned by D Company. D Company has
promised Ahmad that he can stay on the land so long as he continues to provide stable supply of
vegetables to its restaurant.
Recently, D Company has indicated to Ahmad that he may need to look for alternative land to
continue with his farming activities. D Company told Ahmad that being the owner of the land, D
Company is entitled to possession of the land after giving reasonable notice to evict to Ahmad.
Ahmad came to know that D Company has entered into a development agreement with a
developer to develop the land into a housing estate.
Ahmad strongly believes that he is entitled in law and equity to the possession of the land having
expended substantial sum of capital and labour in converting the land into a farm.
Worrying that D Company will take step to take over the possession of the land at any time,
Ahmad comes to you for advice as to whether he can prevent any of the employees or agents of
the D Company from entering the land in the meantime.
Advise Ahmad by referring to the relevant provisions of the Rules of Court 2012 and the
(b) David obtained an ex-parte interim injunction from the High Court but he is worried that he would
be asked to pay damages if the High Court subsequently is of the view that the ex-parte interim
injunction ought not to have been granted.
Discuss the above by reference to the decided cases. (5 marks)
(a) Basha, a non-citizen, works as an immigration agent in Malaysia. His scope of work is to source
for foreign workers to work in local factories. Whenever he is in Malaysia, Basha stays in hotels.
Basha has filed a writ action in court against Wong, a factory owner, for failure to pay his agency
fees. Wong has refused to pay alleging that the workers provided by Basha did not have valid
work permits. Wong wants to defend the action in court. Wong also wants an assurance that
Basha would pay whatever court costs that are awarded to Wong in the event Basha’s case is
dismissed by the court.
Advise Wong on the procedure he should adopt and the principles by which the court is
guided when determining Wong’s application. (10 marks)
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(b) Plaintiff sued Defendant for non-delivery of shipment of cargo at the High Court based on an oral
arrangement between them. The Defendant admitted in its Statement of Defence that there was
contract for shipment but denied Plaintiff’s claim of non-delivery.
During the case management, the learned Judge of the High Court has directed that all
interlocutory applications should be filed two (2) months before the trial dates.
Two (2) days before the first day of the trial, the Defendant applied for leave to amend its defence
for the Defendant wished to withdraw the admission that there was a contract for shipment.
Plaintiff contended that if the amendments were allowed, it would suffer prejudice which could
not be compensated by any order of the Court.
Plaintiff’s solicitors would like to engage you as the Counsel and seek your advice if their
contention is correct in law and whether delay is a material factor of consideration in any
application for amendment. (15 marks)
ooOoo
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2022 Main (Oct 2022)

Ahmad, Seng and Thiru are childhood friends. Together they formed a partnership to carry on
digital marketing business and related services. The partnership is called AST & Co. and its
principal place of business address is at Temerloh, Pahang.
Bintang Bank Bhd. through its branch in Kuantan, Pahang provided credit facility to AST & Co.
for its trading purposes. In September 2014, AST & Co. defaulted in the repayment of the credit
facility. When Bintang Bank Bhd. demanded for the repayment, AST & Co. by a letter dated 10th
October 2014, sent from its branch office at Malacca, acknowledged the debt and proposed a
longer term of repayment by December 2015. Bintang Bank Bhd. agreed to the repayment
proposal. AST & Co. however did not pay the full indebtedness by the agreed schedule. The last
payment made by AST & Co. was on 20th January 2017 leaving the balance outstanding in the
sum of RM1, 500,000.00 plus accruing interest at the contractual rate.
Due to an inadvertent overlook by its internal administration, Bintang Bank Bhd. has not
commenced any legal action to recover the outstanding sum from AST & Co. but intends to do
so now expeditiously. Ahmad and Seng now live in Kuala Lumpur while Thiru has migrated to
Perth, Australia.
(a) Advise Bintang Bank Bhd. on the following and support your answer with reasons:
(i) When does the cause of action on the recovery of outstanding sum accrue? (5 marks)
(ii) Who should be appropriately named as the defendant or defendants in the intended
legal action? (4 marks)
(iii) Where should the intended legal action be filed and I which court and by what mode
of proceedings? (12 marks)
(b) Based on the same facts above except that the outstanding sum is RM7, 500.00 and no
interest accruing, Bintang Bank Bhd. filed the legal action for the recovery of the
outstanding sum and was dismissed by the Magistrate’s Court after trial on the ground
that Bintang Bank Bhd. is out of time to sue.
Advise Bintang Bank Bhd. if it can appeal against the Magistrates’ Court’s decision
and support your answer with reason. (4 marks)
(a) In an action commenced by originating summons, both the Plaintiff and Defendant filed their
respective affidavits. Once the case was fixed for hearing, the Defendant issued a notice to the
Plaintiff stating that he intends to object to the admissibility of the Plaintiff’s affidavit on the
following grounds:
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2022 Main (Oct 2022)
(i) the affidavit was dated earlier than the date of the originating summons;
(ii) the Plaintiff stated only his business address in the affidavit and not his residential
address; and
(iii) the affidavit which was affirmed in Hong Kong was filed in the English language without
a translation in the national language.
Advise the Plaintiff if he can overcome the Defendant’s objections with reference to case
law. (9 marks)
(b) Two sisters namely Ann and Sally who are Malaysian citizens, and who live and work in
Australia decided to purchase a piece of land in Port Dickson. For purposes of convenience, they
decided that the title of the land will be registered in the name of their nephew, Alan. A trust deed
was executed between the two sisters and Alan whereby he declared that he would hold the land
on trust for them. Subsequently, unknown to the two sisters, Alan entered into a Sale and Purchase
Agreement with Raman to sell the land to Raman at a price below the market value. No mention
was made in the Agreement that Alan was holding the land as trustee. After receiving the deposit
for the purchase price of the land, Alan went into hiding. A year later Raman filed a writ action
against Alan seeking order for specific performance of the sale of the land and/or for damages in
lieu of specific performance. Pending the trial of the writ action, Raman wants to prevent Alan
from transferring the land to others.
Ann and Sally who were informed of the writ action want to be included in the proceedings to
protect their interest in the land.
Answer all the following questions:
(i) Advise Raman on the procedure and the relevant principles of law to prevent Alan
from transferring out the land pending the trial of the writ action. (10 marks)
(ii) Advise Ann and Sally on the procedure they should take to be included in the
proceedings and state the principles the court adopts when considering their
application with reference to case law. (6 marks)
A developer commenced a writ action at the High Court against a Joint Management Body (JMB)
of a Tower developed by the developer, for trespass by JMB onto a part of the Tower (“the
disputed area”).
The developer claimed that the disputed area was privately owned by the developer by virtue of
a strata title and is not a common property. The JMB denied trespass and claimed that the disputed
area is part of the common property.
In the Statement of Claim, the developer prayed for a declaration that the disputed area is owned
by them and claimed damages for trespass. The JMB counterclaimed for the cancellation of the
registration of the developer as the owner of the disputed area as it is obtained by fraud.
After hearing the parties’ witnesses at a trial and their submissions, the High Court Judge
dismissed the developer’s claims and allowed the JMB’s counterclaim.
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2022 Main (Oct 2022)
The developer has terminated the services of their existing solicitors because they felt that their
previous solicitors were negligent in managing the trial by failing to raise and argue an important
issue that the JMB has no locus standi to challenge the indefeasibility of their strata title. Such
locus standi issue was not pleaded in the developer’s Statement of Claim.
The developer now comes to you for advice. You are to give your advice by reference to the
procedural and substantive law.
Answer all of the following questions:
(a) The developer wishes to challenge the decision of the High Court and stop their
registration as the owner of the disputed area from being cancelled pending the
challenge. (15 marks)
(b) The developer wishes to know how the locus standi issue can be raised when
challenging the decision of the High Court and the likely chances of it being able to
be raised. (10 marks)
(a) Lim was in the process of selling his car to Wong when it was destroyed by fire. Wong had paid
the full purchase price to Lim. Lim’s fire insurance cover on the car was still in force at the time
of the fire. Lim made a claim for the insured value of the car from the insurance company. At the
same time, Wong informed the insurance company to pay the insured sum to him as he had
become the beneficial owner of the car once he paid the full purchase price to Lim. The insurance
company is now facing competing claims from Lim and Wong and seeks your advice.
Advise the insurance company on the procedure it should adopt when facing competing
claims for the insurance proceeds. (9 marks)
(b) A landlord filed a writ action against his tenant XYZ Sdn. Bhd. and against a director of XYZ
Sdn. Bhd., as guarantor, in respect of a tenancy agreement of the landlord’s shop house. The
claim against XYZ Sdn. Bhd. is for Rm50, 000.00 being arrears of rental, general damages for
unauthorised renovations to the shop house and for vacant possession of the shop house. The
claim against the guarantor is for arrears of rental only.
The solicitors of XYZ Sdn. Bhd. and the guarantor filed a Memorandum of Appearance but failed
to file a Defence although the landlord’s solicitors had given notice of intention to enter default
judgement against the defendants on account of their failure to file a Defence.
Advise the landlord on the procedure to enter default judgement against the defendants
under these circumstances. (8 marks)
(c) The Plaintiff filed a writ action in the Sessions Court claiming damages against the Defendants
for breach of contract. The Sessions Court granted judgement in favour of the Plaintiff. The
Plaintiff being dissatisfied with the judgement in respect of the quantum of damages awarded,
filed a notice of appeal to the High Court confined only to the issue of damages.
The Defendant upon receiving the Plaintiff’s record of appeal, filed a notice of cross appeal,
appealing against the whole decision of the Sessions Court.
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The Plaintiff has recently discovered some documents which he wants to rely on during the
hearing of the appeal to try to persuade the High Court to increase the quantum of damages. The
Plaintiff has sought your advice on the following issues:
(i) Whether he can adduce fresh evidence during the hearing of the appeal in the High
Court. (4 marks)
(ii) Whether he has any grounds to object to the notice of cross appeal filed by the
Defendant. (4 marks)
(a) Abu is one of the shareholders and directors of Boom Sdn. Bhd. (“the Company”). The Company
took a loan from a bank. As a director of the Company, Abu became one of the guarantors for
the repayment of the loan by the Company together with other directors of the Company.
Abu subsequently sold his shares in the Company to Malek and resigned as a director of the
Company. On the terms of the share sale is that Malek undertakes to request the bank to accept
Malek as a guarantor in place of Abu, and that Malek will indemnify Abu for any liability arising
from the guarantee.
Upon completion of the share sale, Malek became a director of the Company but the bank did
not agree to Malek’s request to accept him as a guarantor. Abu remains as a guarantor for the
repayment of the loan.
Seven (7) years after the share sales was completed, the Company defaulted in the repayment of
the loan and the bank sued both the Company and the guarantors including Abu. Malek was not
sued.
Upon being served with the Writ and the Statement of Claim, Abu entered appearance and filed
and served his Defence.
Answer all of the following questions:
(i) How can Abu seek indemnity from Malek in the legal action commenced against him by the
bank? (8 marks)
(ii) Whether Abu can apply to the Court to order Malek to pay directly to the bank any amount
which he may be found liable to pay to the bank? (4 marks)
(iii) Has the limitation period set in for his indemnity claim against Malek? (3 marks)
(b) The Plaintiff obtained final judgement against the Defendant for the sum of RM50, 000.00 in
June 2016. The Plaintiff was unable to enforce the judgement as the Defendant went into hiding.
Sometime in July 2022, the Plaintiff managed to discover the whereabouts of the Defendant who
now rents a shop unit to operate a mini market.
Advise the Plaintiff on the procedure to be adopted to enforce the judgement against the
Defendant. (10 marks)
109
2022 Main (Oct 2022)
(a) A beneficiary under a trust filed a writ action against the trustee alleging breach of trust. The
trustee upon reading the Statement of Claim, took the view that the allegations in respect of the
breach of trust are too brief and also vague.
Advise the trustee on the procedural steps he should take to obtain more details of the
allegations of breach of trust and the principles adopted by the court when deciding the
issue. (8 marks)
(b) The Plaintiff filed a writ action against the Defendant for selling it a printing machine which was
defective. After pleadings were closed, on the first case management date, the parties were
ordered to exchange their respective documents for inclusion in a common bundle of documents.
The Plaintiff upon being served with the Defendant’s documents realised that the Defendant had
not included an important document which contained the warranties in respect of the printing
machine. The Plaintiff requested the Defendant to furnish this document but the Defendant
refused to do so. The Plaintiff does not have a copy of this document.
Advise the Plaintiff on the procedural steps it should take to compel the Defendant to
produce the document and the principles which the court adopts in an application of this
nature. (8 marks)
(c) The Plaintiff and Defendant recorded a consent judgement in court to settle a dispute between
themselves. After the consent judgement was sealed by the court, the Defendant made an
application to court to set aside the consent judgement on the grounds that he was misled into
agreeing to the terms of the consent judgement.
The Plaintiff on the other hand, discovered that there was an accidental typological error in the
consent judgement wherein the judgement sum in his favour was stated as RM50, 000.00 when
it should have been RM55, 000.00
Advise the Plaintiff on the following issues:
(i) Whether the Defendant’s application to court is procedurally correct?
(ii) Whether he (the Plaintiff) may apply to court to amend the error in the consent
judgement? (9 marks)
(a) A Plaintiff filed a writ action in the tort of defamation against three (3) Defendants.
After he served the writ on the 1st Defendant but before the 1st Defendant filed his Defence, the
Plaintiff discovered that the 1st Defendant was sued in the wrong capacity and an amendment to
the writ is necessary to alter the capacity of the said 1st Defendant.
After service of the writ on the 2nd Defendant and after the 2nd Defendant has filed his Defence,
the Plaintiff discovered that he had omitted certain relevant facts in the Statement of Claim. Hence
an amendment to the Statement of Claim is requires in respect of the 2nd Defendant.
110
2022 Main (Oct 2022)
Before service of the writ on the 3rd Defendant, the Plaintiff discovered that the 3rd Defendant had
died and the Plaintiff wants to amend the writ to bring the action against the estate of the deceased
3rd Defendant.
Advise the Plaintiff if the proposed amendments will be allowed by the court and also state
the procedure which is to be adopted in respect of the proposed amendments, if permissible.
(9 marks)
(b) The Defendant’s counsel, due to an oversight, failed to attend the pre-trial case management of a
civil suit which was heard by the Judge. The counsel for the Plaintiff was present. Due to the
absence of the Defendant’s counsel, the Judge struck out the statement of defence and entered
judgement for the Plaintiff.
Advise the Defendant on the procedural steps he should adopt to set aside the judgement.
(8 marks)
(c) ABC Bank Berhad (the Bank) commenced order for sale proceedings in court against a borrower
for default of payment under a housing loan. The Bank served the originating process and
affidavit to the borrower. The borrower did not attend court on the first hearing date and due to
unforeseen reasons, the matter was adjourned and is now fixed for hearing on a date at the end of
next month.
Advise the Bank on the mandatory requirements which are to be state in its affidavit and
the additional procedural requirements it should comply with before the next hearing date.
(8 marks)
ooOoo
111

ATC CLP - PYQs - Civil Procedure (2010-2022)

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[CLP] CIVIL PROCEDURE

4. Answer all parts of this question

5. Answer ALL parts of this question

7. Answer ALL parts of this question.

You are to advise Ali –

Advise Alex if he may appeal to the Court of Appeal (4 marks)

(b) Advise Premier Bank –

3. Answer BOTH parts of this question

Express your legal opinion on these issues:

4. Answer ALL parts of this question

5. Answer ALL parts of this question.

1. Answer ALL parts of this question

4. Answer ALL parts of this question

(a) Advise Kudat on the following scenarios:

(b) Advise Qu Co:

What is your advice to Kudat? (2 marks)

4. Answer ALL parts of this question

5. Answer ALL parts of this question

6. Answer ALL parts of this question

7. Answer ALL parts of this question

(b) Proceedings may be begun by writ or by originating summons.

2. Answer ALL parts of this question

3. Answer ALL parts of this question

5. Answer ALL parts of this question

2. Answer ALL parts of this question

1. Answer ALL parts of this question

You are to answer each of the following questions separately.

2. Answer ALL parts of this question

Advise Peter. (4 marks)

3. Answer ALL parts of this question

4 Answer ALL parts of this question

6. Answer ALL parts of this question

7 Answer ALL parts of this question

(c) Explain the basic rules of pleadings (8 marks)

Discuss whether or not the objections are valid (13 marks)

1. Answer BOTH parts of this question

2. Answer BOTH parts of this question

3. Answer BOTH parts of this question

4. Answer BOTH parts of this question

5. Answer BOTH parts of this question

6. Answer BOTH parts of this question

7. Answer BOTH parts of this question

1. Answer ALL parts of this question

3. Answer BOTH parts of this question

Advise Abu (20 marks)

4. Answer BOTH parts of this question

Advise Peter on the procedure that he should adopt (10 marks)

1. Answer ALL parts of this question

2. Answer ALL parts of this question

(i) Goh wants to know if leave of the court is required. (4 marks)

3. Answer ALL parts of this question

Advise the Plaintiff (6 marks)

Advise Pang on the following questions:

PART B: ANSWER ANY THREE (3) QUESTIONS

PART A: COMPULSORY QUESTION

1. Candidate MUST answer this question

(a) the mode of commencement of the legal action; (4 marks)

PART B: ANSWER ANY THREE (3) QUESTIONS

2. Answer ALL parts of this question

Advise Paul of the procedure for doing so. (5 marks)

You are to discuss whether the Court would allow –

YL Sdn Bhd now comes to you for advice.