Interlocutory Applications in Malaysia

Interlocutory Applications in Malaysia

Book Details
  • Publication Date : Nov - 2022
  • Author : Jessie Lee Suan Cui & Raphael Kok Chi Ren
  • ISBN : 9789672723752
  • Format : Hardcover + eBook
  • Country : Malaysia

After the filing of an action in court, a series of procedures and applications can be tactically deployed by adept court lawyers to gain an advantage over opponents. These range from summary disposal to discovery of documents or even an application for security for costs to pressure an insufficiently resourced plaintiff. The proper mastery and deployment of the arsenal of preliminary applications will no doubt contribute to success in litigation.

This book explores the wide spectrum of procedures and applications available at the early stage of litigation. It provides a good explanation of these procedures and a thorough analysis of the applicable legislation and case law, both local and foreign. Principles are distilled from court judgments and presented clearly for easy appreciation and application when prosecuting a claim or defending one. Practical considerations are included to assist in the choice of procedure to adopt for valuable advantage in conducting a case.

The book has been systematically organised to capture the journey that litigants typically navigate from the starting point when a suit is filed until the finish line when the suit is disposed of by the court of first instance. The relevant steps, tests and requirements to carry out the various interlocutory procedures are carefully analysed and discussed to provide clear guidance for action and references for further research. The illuminating text is supplemented by a handy collection of forms and precedents.

The knowledge contained within the covers of this book will prove instructive to younger litigators while they master the nuances of interlocutory applications and helpful to those more experienced as a quick refresher and base for more detailed research. It should also be welcomed by judges and judicial officers as well as teachers and students of civil procedure.

Key Features

  • A comprehensive resource dedicated to the many aspects of interlocutory applications.
  • Careful analysis of the law supported by ample citations of applicable statutory provisions and case law.
  • Systematic structure and organisation of content to aid easy comprehension.
  • Significant chapters on service & setting aside, summary judgment, injunctions, and summary proceedings for specific performance, possession of land, and disposal of case on point of law.
  • Wide collection of forms and precedents including notices of application, affidavits in support, orders and judgments.

Table of Contents

1. Substituted Service, Service Out of Jurisdiction and Setting Aside of Writ

2. Striking Out

3. Joinder, Misjoinder and Non-Joinder of Parties

4. Judgment in Default

5. Summary Judgment

6. Other Summary Procedures

7. Amendments

8. Conversion

9. Transfer and Consolidation

10. Injunctions

11. Discovery

12. Third Party Proceedings

13. Further and Better Particulars

14. Interrogatories

15. Interpleader

16. Security for Costs

17. Stay of Proceedings