A letter of demand (notis tuntutan) is a formal written demand from one party to another, usually for payment of a debt, performance of a contract or a remedy for a wrong. It is normally sent before court proceedings start. It is often useful, but the right approach depends on urgency, the evidence, the time limit and the risk of assets being moved.
Which court hears my civil claim?
It depends mainly on the value. The Magistrates' Court hears claims up to RM100,000, the Sessions Court from RM100,001 to RM1 million, and the High Court above RM1 million or matters outside the lower courts' jurisdiction. The case is generally heard where the cause of action arose or where the defendant resides; for Johor-based defendants that often means the Johor Bahru courts.
What is summary judgment?
Summary judgment under Order 14 lets the court give judgment without a full trial where the defendant has no real defence. Under National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] 2 MLJ 300, the defendant must show a triable issue of fact or law, not merely a bare assertion that the claim is disputed.
What is the difference between a Writ of Summons and an Originating Summons?
A Writ of Summons under Order 6 of the Rules of Court 2012 starts civil actions with substantial disputes of fact, which are decided after a trial with witnesses. An Originating Summons under Order 7 is used where the issue is mainly the interpretation of a statute or document and the factual dispute is limited, so it is usually decided on affidavits.
How long does a civil case take?
In our experience, 18 to 30 months from filing to judgment is typical for Sessions Court and High Court matters. Complex commercial cases can run longer where several parties or substantial evidence are involved. Court-annexed mediation is increasingly directed during case management, particularly in the Sessions Court, and a settlement can be recorded as a judgment.
What makes a civil claim stronger?
Clear documents, a consistent chronology, credible witnesses and proof of loss usually strengthen a claim, as does an early legal strategy. Keep contracts, invoices, messages and payment records together, and note dates as events happen. Acting early also protects you against time limits; most contract and tort claims must be brought within six years under the Limitation Act 1953.
Can a minority shareholder get relief from oppression?
Yes. Section 346 of the Companies Act 2016 gives relief where a company's affairs are conducted oppressively or in disregard of a member's interests. The court's remedies include buy-out orders, orders regulating the company's conduct, injunctions and, in serious cases, winding up.
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Lodge a police report within 24 hours, get medical treatment and keep every report and receipt. Claims for injury or vehicle damage are usually made against the at-fault driver, with their motor insurer handling the claim. If it does not settle, you can sue; the Magistrates' Court hears claims up to RM100,000 and the Sessions Court up to RM1 million. Time limits apply, so get advice early.
Compensation is made up of general damages for the injury itself (pain, suffering and loss of amenity) and special damages for proven financial losses such as medical bills and lost income. Courts also consider future loss of earnings and future treatment. Past awards for similar injuries are used as a guide. Every claim depends on medical evidence and documents.
You may have a claim if the owner or occupier failed to take reasonable care to keep the premises safe and that failure caused your injury. Not every fall gives a claim. Report the incident on the spot, photograph the hazard, ask for CCTV to be preserved, see a doctor and keep receipts. Damages may be reduced if you were careless.
A complainant, such as a member, a former member in some cases, or a director, may with the court's leave bring, intervene in or defend proceedings on behalf of the company (Companies Act 2016, ss.345 and 347). You must give the directors 30 days' written notice before applying for leave, the court considers good faith and whether it is prima facie in the company's best interest, and proceedings must start within 30 days of leave (s.348). The court can order the company to pay reasonable legal costs (s.350).
A company is deemed unable to pay its debts if it owes more than the amount prescribed by the Minister, a creditor leaves a notice of demand at its registered office, and it neglects for 21 days to pay, secure or compound the debt (Companies Act 2016, s.466(1)(a)). The creditor must then file the winding-up petition within six months after the notice expires (s.466(2)). The route is powerful but suits undisputed debts only; a genuinely disputed debt can lead to the petition being restrained and costs against you.
Normally no: a company is a separate legal person, so its debts are its own. But a director can be personally liable where they gave a personal guarantee, where the court declares them responsible for fraudulent trading (Companies Act 2016, s.540(1)), where they are convicted of knowingly contracting a debt with no reasonable expectation that the company could pay and the court makes a declaration (s.539(3) and s.540(2)), or where specific laws impose liability. Liability is decided case by case on evidence.