LawEddie.com

89 responses so far ↓

• 1 MJ // Nov 20, 2007 at 1:44 pm

  Thanks for the links & info! It would be useful for those who can’t afford lawyers.

• 2 Eddie Law // Nov 20, 2007 at 10:10 pm

  MJ – it is always my pleasure to share with people.

• 3 lukxiufung // Nov 21, 2007 at 9:45 am

  I wish to ask something here related to my employer.

  Can I sue them if they didn’t pay my epf although it was shown in the payslip. I check my EPF account already, they stop paying my EPF for 4 months already…

  What should I do?

• 4 Eddie Law // Nov 21, 2007 at 10:39 am

  Hi Xiu Fung,

  Frankly speaking, I was one of the victim like you too. hahaha!

  Well, I think you should report to EPF soonest possible so that they can take action against the company. Just for your information, default in paying EPF can amount to civil as well as criminal liability. The directors may go to jail…

• 5 lukxiufung // Nov 21, 2007 at 11:14 am

  wow… so serious wan ah? hmm…I think I have to consider about that. ahahah….

• 6 kljs // Nov 21, 2007 at 3:08 pm

  Great info. Useful information for those who don’t know much about the Legal services in Malaysia.

• 7 keeyit // Nov 21, 2007 at 5:24 pm

  There are still justice in this world ? Haha..
  Maybe some cases yes but not all…

  Hehe..
  Thanks for dropping by at my blog.

• 8 yogi // Nov 21, 2007 at 11:13 pm

  Hi Eddie, how good is the quality of the legal aid in Malaysia? Given that it’s free, I’m sure we all have our doubts on freebies… do the lawyers get paid a decent fee by the government to do such charity work?

• 9 Eddie Law // Nov 21, 2007 at 11:46 pm

  Yogi- the lawyers in Bar Council Legal Aid Center are doing this on voluntary basic. The lawyers in Legal Aid Berueu, I guess are paid by the government.

  I am not sure can one equals quality with money? espacially in this case.

• 10 Kenn Goh // Nov 24, 2007 at 12:43 am

  Thanks. This is a good post to bookmark in case a lawyer is needed.

  Thanks for dropping by my blog.

• 11 Eddie Law // Nov 24, 2007 at 8:32 pm

  Hi Keeyit – why don’t you trust there is still justice in this world

  Hi Kenn – Thanks. Hope more people will be awared about legal aid in Malaysia.

• 12 SK // Dec 28, 2007 at 9:52 pm

  I just have a question, has there any specific law in Malaysia that does protect the public from being threatening by the gangsters. If there is any, what are the sanctions that are available? Imprisonment? Is there any chance that we can claim for damages that one has suffered due to the act caused by those gangster. If one really plans to take legal action towards them, is legal aid in Malaysia covers this cause of action? Please do reply asap, it’s urgent!! Thanks for your time and concern! Thanks!!

• 13 Eric // Dec 28, 2007 at 10:22 pm

  Hi Eddie,I’m a student and my father is a contractor.He currently have a lot of project with him.Recently,a lot of his friend(i not sure those are my father friends,colleagues or sub-contractor) came to my house and wanted to meet my father but the way they approached my house is like the feeling of wanted to destroy my house by hitting the door like mad.At that time,i was at home alone n told them my father not at home.Suddenly,they became very angry and straight away broke my house windows and tried to damage the door to enter the house.They also warned me if i not let them in they will burn my house and gave me 1 hour to contact my father.At that time i was so scared and don’t know what to do but i managed to call 999.Unfortunately,their angry is at the peak and start to kick the door and i hang up the call.They also said they not afraid of enforcement.So,i call my father but to no avail.Then i called my brother and let my brother spoke to them.My brother said to them if business related they need to settle it with my father instead of come to my house to threaten me.After that,my brother asked me to let them in.When i let them in they searched my house and wanted to take away all my properties such as my laptop,computer,etc.So,i beg them not to take anything and they agreed with condition my father need to settle ‘the things’ which i don’t know with them else they will come again to break my legs and take away my things.In the end,my brother and i wnet to police station to make a police report for cover(safety measure).My question is if 1)i wanted to sue them but will i win?2)If they were not sentence to jail and this will definitely make them angry and of course will cause them to come to my house again.At that time what i should do then since the 1st time i called 999 and the police arrived quite late(police arrived after they went away during the 1st time)?3)How to sue them?

• 14 Eddie Law // Dec 29, 2007 at 9:21 am

  SK- there are many provisions in the Penal Code starts from codes 384 to 388 which deal with extortion. The sanction range from 7 to 10 years imprisonment and/or fine or whipping.

  Causing damage to one’s property is a criminal as well as civil offence.

  You may institute a civil suit against them and claim for damages, if you can prove your case in the court.

  I don’t think Bar Council legal aid cover this kind of case. However, you may contact them to get clarification http://klbar.org.my/legalaid/faqs.asp

  I would encourage you to Register as Basic Member in http://www.eLawyer.com.my so that you may post your future legal question in eLawyer, we will get our panel of professional lawyers to answear you. It is FREE to join as member.

  Disclaimer: However, I have no idea of the actual situation occurred to you. It would be highly advisable if you could seek a professional lawyer’s advice and obtain an advice face to face. Don’t just act in relying on my comment. I shall not be liable for any damage you suffered in result of relying on my comment.

• 15 Eddie Law // Dec 29, 2007 at 9:45 am

  Eric – I think the best avenue is to lodge police report, which you have done so, hope that the prosecution will take action against them and charge them in court.

• 16 Eric // Dec 29, 2007 at 4:17 pm

  Hi Eddie.Thanks for immediate reply and recommendation.I really appreciated it.Thank you very much!!!

• 17 Eddie Law // Dec 30, 2007 at 12:02 am

  You are most welcome, Eric. Sorry for couldn’t help you much.

• 18 SK // Jan 1, 2008 at 2:36 am

  Eddie, thanks a lot for your reply. ^_^

• 19 GS // Jan 15, 2008 at 12:04 am

  I need your legal advice here as after heard what my friends told me about his bad experience, we really lack of knowledge on our rights.
  Below is what he told me: -

  “Last weekend, my girl friend and I planned to have something new for our relationship, instead of going to fancy restaurant for dinner, we decided to buy burgers and eat in car at an quite place at the hill at the same time can enjoy the night view from the hill. We stopped by a place where is dark and only two houses some where around 20 meters from my car.

  After we finished our burgers and we had chat in the car, with engine on, we look at the surrounding and there are two cars in front of us believed to be the visitors to the houses nearby. The place we are is at middle of the hill and the area is dark and quiet. I can positively confirm that is an isolated area.

  As we chat and discussed a lot about our relationship, and so happened that we kissed in the car and we hug each other. Suddenly, we felt a flash and we separated and saw a police patrol car and a police walk to us. I confirmed that we do not take off our clothes nor leave it open and we are just kissing and hugging each other. The police man wants to see our ICs and my driving license, and then asked me to go down to talk to him.

  He said, the surrounding resident complaints about a car nearby and what we did in the car will result to a fine of not less then MYR2,000 and threat us to go police station and need to do a lot processes. After I explained that we did nothing wrong and he said don’t bullshit him and asked me what I want to do with it. I said, if you can help that will be nice and he requested MYR1, 000 from me. I was shocked and felt that is was too much and I told him, I do not have so much money and he said, there are too many policeman know about this and need this amount to close their mouth. As I am at not very comfortable (isolated and dark) area, I choose to compromise as I do not think they will bring me to police station instead may hurt me and my girlfriend.

  After much negotiation and they even asked money from my girlfriend and threaten her, I know something not nice may happen if I do not give them money, so I told them that I do not have cash but offered to go ATM nearby to pay them. I just want safety. I tried to get their names and I do not see name tag in their full uniform and while driving in the car, I tried to call BPR with no luck.

  Upon paid them at nearby ATM, they fled right the way, of course before that, they threat to get more money and i told them I do not have it anymore, only then they return our ICs and driving license.”

  In the above case, please advise what my friend’s rights are and whether they really committed offence in any clauses?? I know from the red book that police do not have rights to hold our ICs but in that situation, i do not think is a good idea to ‘discuss’ with them. Also, I know that give them money is not right but what about their safety?

  To my understanding that any intimacy act in closed area that not offend anyone by the action is not an offence and stop by dark and isolated area with engine on is not an offence too, please correct me if I am wrong.

• 20 Is it an offence to kiss in Malaysian taxi? // Feb 14, 2008 at 3:39 pm

  [...] weeks ago I have also received a comment from one of my readers stating that his friends were threaten to be fined for RM2,000 by the [...]

• 21 Eddie Law // Mar 1, 2008 at 4:10 pm

  GS – please refer to the below 2 post for the answer.

  http://www.laweddie.com/wordpress/2008/02/14/is-it-an-offence-to-kiss-in-malaysian-taxi/

  http://www.laweddie.com/wordpress/2008/02/24/is-it-an-offence-to-hold-hand-in-the-park-in-malaysia/

• 22 SL // Mar 16, 2008 at 9:35 pm

  I need some legal advices. My father is currently having a case against our tenant who is a lawyer himself. This tenant of ours have not been paying our rent since Nov, 2005 even though we had numerously call him to settle the outstanding as soon as possible. Until August 2006, we went to look for him at our rented premise, he threatened to sue us for hassling and also mentioned that he will use legal means to let this case roll for 3-4 years and yet we will not receive any outstanding rent back. After which, we tried to call his wife and tried to talk to her in discussing with us. Finally one day, his wife messaged they will moved out by June 2007, we then offered to meet him outstide to discuss about the details. We brought our contractor along so that to see if there are any other help he might want from us. In the end, he agreed to moved by 30th June, and will inform us after his move. Mid July, his wife again messaged us and informed that they will moved when they found a place to move, by the we tried to look for him and seek the reason. But he won’t answer us until we filed for a lawyer and he repute and say we had agreed that we had let him stay until 2008 which are nonsense. Even though we now have a lawyer helping us, it seems that we are still unable to get our premise back.Is there a place where we can seek more legal support as we are just commoners and only wish to get our place back? Please assist. Beside I will like to research on related cases, where can we look for it in Johor?

• 23 Eddie Law // Mar 17, 2008 at 9:40 am

  SL- Your tenant lawyer is just too much. You may try to report this matter to the Disciplinary Board of Malaysian Bar see if they can take any disciplinary proceeding against the lawyer.

  There is online case journal provided by Lexis Nexis or CLJ. However, you need to subscribe to it. Perhaps, you can ask the lawyer who you have engaged to help you to search for these kind of cases, after all this is his duty.

• 24 Delwin Teo // Mar 31, 2008 at 2:56 pm

  I need some legal advice: ( family wealth dispute) My grandfather leave 20+ house for rent which each is about RM200 rent per month which is seperated among all my father brother and sister (7 of them) before they pass away. A contract has been sign by all 7 brother and sister to maintain all the house under 1 company which which will be maintain by my father, but without any wrong doing in my father part all the brother now decided to pass the managing task to another brother. Because my father relationship with this brother of his (going to be incharge) is quite sour my father decided to pull his share out of the company ( which is 2 house rent RM400/monthly). Can he do this? Can the other party file a legal suit against my father if so? And is there a minimum amount for civil suit?

• 25 Eddie Law // Apr 4, 2008 at 1:05 am

  Delwin Teo – there is no minimum amount for civil suit. If you notice sometime people just sue for reputation and ask for a examplary damages of RM1.00. I cannot really give you any concrete advice due to lack of fact. what do u mean by your father “maintaned” the company? was there any shareholder agreement between them? is your father a shareholder or director of the company?

  It would be good if you can find a local lawyer to review your case with more details provided.

• 26 snoogiewoogie // Apr 4, 2008 at 5:55 am

  Hello Eddie,
  I stumbled upon your website when i googled for restraining order and how to obtain them.

  I need some urgent advice to get myself informed.

  I had a friend who has bullying streaks in his character. Two years ago, over a petty arguement over relationship and his distaste over the man i chose, he publicly started a fight with me (and i am a girl). It caused me emotional distress and after two years, although i am doing fine now (because he is out of my life and i am out of harm’s way), i still fear that if i were to see him, he will harass me again and emotional stress will come back to haunt me. And i do not want to be in that situation again as i am not very good in handling any crisis.

  Then, a few hours ago, he crossed path with my fiancee in a club. My fiance who happens to work in a local radio station were working in the club for an event held by the local radio station. This former friend of mine, apparently still hold grudges to me and my fiance, started throwing jeers when my fiance was on stage trying to hype out the crowd and intentional provoke my fiance to fight him and cause a bar brawl.

  Luckily, to my fiance best judgement, he restrain himself from getting into physical fight with this man. My fiance can lose his job and it can be very detrimental to my fiance’s career.

  But nevertheless, the radio station personnel weren’t happy that the crowd was booing my fiance. The booing was orchestrated by this man who obviously cannot moved on and wish to make our lives miserable.

  I feel that if his bullying and provocative behaviour persist, my fiance and i will be in imminent harm, both mentally and physically, and we want to take legal action against this guy.

  Because who knows? today he is jeering, tomorrow he may run us down in traffic?

  Plus, i feel that if can take legal actions against him, such as restraining order, i will feel safer and my fiance won’t have disturbance at work seeing that he makes public appearance often, not working in the office, so chances of him harming my fiance is higher.

  I’m already thinking of sending a complaint letter to his employer to warn them of this man’s behaviour but i feel i have to do more.

  Can i take restraining order against this person? Can i make a police report?

• 27 Eddie Law // Apr 5, 2008 at 4:47 pm

  Hi Snoogiewoogie,

  In law there are many orders which are restraining or prohibitive in nature, e.g. injunction, habeas corpus (relief for unlawful detention).

  However, it is not easy to get injunction from court in term of legal fees and standard of proof.

  If you feel intimidated or threaten by his act or words, you can always make a police report.

• 28 JC // Apr 15, 2008 at 12:50 pm

  Hi Eddie,

  I need some advice regarding S&P. Append below are chronology of events

  1. 11 March 2008 : I inform the lawyer regarding the intention of earlier handover of VP to the buyer by mean handover ALL keys.
  2. 12 March 2008 : Lawyer replied (via email) by saying will arrange the buyer to take over payment of maintenance charges, insurance etc from the date of delivery of VP
  3. 18 March 2008 : S&P stamp duty endorsed (legally binding)
  4. 19 March 2008 : Handover ALL keys to lawyer and acknowledgement copy of the keys was signed by lawyer on the buyer behalf
  5. 31 March 2008 : The lawyer informed us that the buyer is not willing take over the early VP due to don’t want to bear the maintenance charges. The buyer will take over the VP only upon payment of full purchase price ie. end April or early May

  Now my question, is 19 March 2008 the date of delivery VP? Since the lawyer is representing the buyer, thus I will not entertain the excuse from the lawyer due to no communication between the lawyer and the buyer

  Please advise, thanks.

• 29 JS // Apr 21, 2008 at 5:51 pm

  I would like to know if there is anything that can be done if your neighbors are singing karaoke loudly or just turning on loud music (anytime they feel like it) that is disturbing our normal peace of mind?

• 30 Azral // Apr 23, 2008 at 8:52 am

  My father has allowed a relative (his sister) to occupy our land and built a house and live there for more than 20 years. If my dad sister died, will her childrens be able to claim that land as theirs? what about the status of that particular house? we do have the land grant. thanks.

• 31 May Gan // Apr 24, 2008 at 8:14 am

  Hi Eddie,

  I would like to highlight my case of credit card fraud. My case was on 16 Jan 08; just about in need of the credit card to pay for a transaction, than i realized it was lost. IMMEDIATELY, I notified the bank and make a police report as instructed by the bank. However to my surprise, the bank informed me the “Three Transactions” have been made amounting RM6561.60. These transactions were done within 15 minutes in two localities. One in a handphone shop and the other in The Store, supermarket on the 7 Jan 08.
  Questions:
  a) Why no verification from the bank with thre true cardholder on these purchases especially two transactions within a few seconds (6.36pm – 6.37pm) with the same amount.
  b) Why, even when I informed the bank immediately after realizing I have lost the credit card, the bank can just conveniently claimed that I do not report the lost to the bank within the “TIME FRAME” as stipulated in their TERM & CONDITIONS.
  c) When I got back to the bank with the evidence of different signature on the purchase slip signed by the unauthorized person as sompared to my signature on the back of the credit card. The bank did not accept it as a clear case of credit card fraud. So what is the use of getting the cardholder to sign on the back of the card if ti serve no purpose at all.
  d) Isn’t it a part of regulation set by the bank to the merchant that they(the nerchant) should scrutinize the signature before accepting any purchase?
  e) Why didn’t the merchant being penalized for their carelessness or blantant disregards to the signature sign on the purchase slip befor effecting and purchase?
  f) Or is it another similar kind of “CLOSE ONE EYE” on both the merchant and the bank in this BOLEHAND practice, then put the blame entirely on the victim and force them to settle all the outstanding bills. Mean letting the culprit scott free.
  g) One of Assistant Vice President Fraud Management and Credit Card Authorization of OCBC bank confirmed the above by telling me ” THAT IF YOU WANT TO BE SAFE THAN DON”T USE ANY CREDIT CARD”. If like that, how come outside a lot of AGENT OF THE BANK still force & promote the BANK CREDIT CARD?
  I repeat there is NO SECURITIES whatsoever when credit card fraud happens to the cardholder. Unless I’m so lucky that I realized the lost of my credit card at once and spped to inform the bank through the quickest mean to communication. A second less in the time I still will lose out to any unauthorized purchase done using my card. And I have to pay through my nose.
  Reoson to confirmed this. On 21 Jan 08, the reply letter for the bank stated clearly. ” They are unable to accede to my request to waived off the said sidputed amount, as it was not reported within a reosonable time frame as stipulated in their TERM * CONDITIONS”.
  “That cardholder is liable for unauthorized transation before the lost/stolen card report is made”.
  Another BOLEHAND attitude of blaming the victim rather than catching or nailing the culprit at large.
  Many letters & my calls has forwarded to fraud credit card department but none reply to me. Because of this fraud case I can’t sleep well sometime whole night open eyes until morning and then go to working. Before that, I also wrote the letters to Bank Negara Malaysia but the reply from them unuseful because they ask me pass my cases to Biro Pengantaran Kewangan (FMB). So Mr. Eddie, can you help me ? Because I really need somebody to help…….

• 32 Swing Swing // Apr 25, 2008 at 6:02 pm

  Hi Eddie, wondering if you can help to advise on the following situation:

  I invested a sum of money into a company, and i realised something is wrong lately, so i demand to take back my money, but they refused. I have already applied for a mereva injunction, but I am worried, if the other party left the country, what can I do? How can I track them or are they allowed to leave the country?

• 33 Eddie Law // Apr 26, 2008 at 10:35 am

  <p>JC- I have received the same question submitted at http://www.eLwyer.com.my, once the particular lawyer has replied to you, I will then post it at eLawyer site. Therefore, pls visit the site from time to time.</p>
  <p>JS- in some circumstances it may amount to nuisance, if it is nuisance then you may make a police report.</p>
  <p>Azral – based on our Malaysian land law system, ownership of a land belong to the registered owner subject to some exceptions. I am not sure if your father has any agreement with his sister, hence, I am not in the position of giving you any advice.</p>
  <p>May Gan – I understand how you feel, it is as if an innocent party is held responsible for the act of the real culprit. The fundamental principle of contract is parties to a contract are bound by the four corners stone of the contract. If you do want to pursue your case further, I would suggest you should engage a legal representative and tender all the relavant documents to him as one needs to look at the terms and conditions of the agreement between you and the bank in order to give you a proper advice.</p>
  <p>Swing swing – a mareva injunction is to restraint the defendant from removing /desposing of/dealing with any asset from the jurisdiction of the court pending the disposal of the suit. Such injunction does not prohibit the defendants to leave the country. If you have applied for mareva injunction and has served on them personally then you shouldn’t worry they will later leave the country as it is their interest to defend themselve in court, instead of running away.</p>

• 34 Azral // May 1, 2008 at 3:43 pm

  there are no written agreements just that my dad’s sister land is deeper into the kampung so she asked to build a house on my dad’s land which is closer to the main road. My dad only verbally agreed to the request. I’ve been told stories that if people encroach on your land and built things, if you don’t act to evict them. After a long period of time they gain some right to claim part of your lands. Has this ever happen in Malaysia or is it a myth?

• 35 Eddie Law // May 4, 2008 at 9:56 pm

  Hi Azral -I believe you must be referring to the case of adverse possession, however, this common law does not apply in Malaysia as our land law follows Torrent’s system.

• 36 May Gan // May 7, 2008 at 2:49 pm

  Mr.Eddie,
  Good afternoon. Thank you for your advice. Due to the cost of engaging a legal representative, I would like to know whether you can provide me a free legal representative for my case.

• 37 myLai // May 13, 2008 at 9:48 pm

  Hi Eddie, I registered at eLawyer.com.my but haven’t received any email yet for the activation code after a few hours. I’ve checked the junk folder. So I post my question here. Hope you can help.
  My car was involved in an accident on 12-12-2007. It was towed by a guy from L workshop. From his name card, I know that L workshop is authorized by PIAM. I was told that the workshop will help me to make the third party insurance claim. I was assured that the repairing process would be hassle-free and I need not to worry about the claim process. Therefore, I agreed that L workshop to repair the car and make the insurance claim for me. However my car was actually sent to another workshop (B workshop) for repairing. I was told that it’s their partner workshop.
  Now the car has been repaired but B workshop wants me to pay a high repair cost. The workshop and asks me to claim the insurance by myself. It’s because I refused to provide things that he requested such as ATM card and RM800 non-refundable cash.
  I refer to L workshop but they claim that the guy who towed my car is not their member of staff or agent and they have no record of my car. I am pretty sure that they lie because before I launch complaint to the PIAM I did call to their office and complain about the guy who towed my car they even provided me the guy’s supervisor number. And I did call before and asked why your staff towed my car to other workshop they said it’s their partner workshop. And now they denied all these.
  I have made a police report, made a complaint to PIAM as well as the ministry of domestic trade and consumer affairs. It seems that they are unable to help. PIAM said they cannot help because L workshop said they do not have the record and B workshop is not their panel. KPDNHEP said I better make a tribunal claim.
  Can you give me some advices? I’m getting crazy about this matter. My next step is to launch complain to the Bank Negara and Tribunal for Consumer Claims which I still doubt if they can help.
  Thank you.

• 38 myLai // May 13, 2008 at 10:02 pm

  Can Tribunal for Consumer Claims help since I haven’t paid a single cent to the workshop? I refuse to pay as I strongly believe that I wouldn’t be able claim the full amount that requested by the workshop. For your information, they refused to give me any information about the bill and the adjuster’s report unless I pay the amount they want to them.
  I also wonder if Bank Negara can help as now I am having problem with the workshop but not the insurance company.

• 39 Eddie Law // May 17, 2008 at 2:25 pm

  May Gan – I am sorry that I can not represent you.

  myLai – I feel sympathy with your encounterment. I think the best thing is to get the police to investigate as to how can B workshop keep your car if you never authorise them to repair or tow away your car. 2nd, the police should also investigate L worksop for denying in towing away your car and sent it to B workshop. I don’t think Bank Negara will help as you correctly pointed out your complain is not against insurance company. Hope your nightmare will end soon.

• 40 Grace // May 18, 2008 at 11:42 pm

  Hi. Eddie.. I’m a final year student (my first week being a final year student) at a government university. My problem is that the roof of my hostel roof has been leaking for the past 2 years. I’ve been complaining to the people in-charge for the past 2 years. However, it’s still leaking on and off. Recently, it has become very bad and is causing me a tremendous amount of emotional distress. I’m afraid this will affect my studies. I’ve read in the internet that tenants can sue their landlords for a leaking roof in California.. However, i wasn’t able to find such laws in malaysia through the internet. I’m very pissed off with the way the government servants in malaysia work. They are just so lazy and slow to take action. Is there anything i can do?

• 41 JL // May 27, 2008 at 5:14 pm

  Hi,

  I am having some issues with my tenancy agreement and would like to seek your advice: -

  I am a sub-tenant to a shop unit. The main tenant (P) is renting the whole lot, ie ground floor and first floor unit from the owner (A), and sub-let to us.

  Our tenant agreement is 2 years with an option to renew for additional 1 year. But P informed us that they are not continue renting the place before the expiry of the transitional period. So, we are asked to call A to discuss about the renewal of the rental.

  We called A and A was telling us that he would like to increase the rental of additioal RMXXX which we found it a lot compared to market rate. So we tried to negotiate with him and told him we will get back to him asap.

  But the problem arised when A sent an agent bringing the potential tenant to our unit to view the place. We are not informed about it and called A to clarify this. A said he is still considering renting the whole lot out to 1 tenant but did not give us a firm answer whether he will do that nor give us notice to move out. And he was sarcastic enough to ask us not to call him and will get back to us but did not inform us when.

  My question is: -

  a) Are we tenant giving the right to request a 3-mth notice from the owner upon the expiry of the tenant agreement?

  b) Since our tenant agreement is 2 years with an option to renew for additional 1 year, are we still giving the right to renew in this case?

  c) Can i have your advice how shall we deal with the owner if we’re asked to vacant the premises without giving us enough notice?

  Your advice is highly appreciated.

  Thanks,
  Jess

• 42 Eddie Law // May 28, 2008 at 12:32 am

  Grace – It is not easy to claim compensation for “emotional lost” in Malaysian court. Why not you bring the matter to a higher authority of the management or just move out from the room and ask for a decent room.

  On another note, this is what I feel as well, I find that the working culture in Malaysia is so much different from UK (where I was studied) in terms of handling complaints. I felt British seems to take complaints seriously, whereby our kawan here still practise tidak apa attidute.

  JL – I have received your question in eLawyer.com.my and have forwarded to one of the panel lawyer. Hope he will revert to you soon.

• 43 Grace // May 28, 2008 at 10:59 pm

  Hi, Eddie. Thanks for your advice. I couldn’t agree more with u that our kawan here have the tidak apa attitude. Seems like no action has been taken so far to repair the leaking roof.. Guess I just have to bear with it as there is no room available at the moment. Thanks anyway..

• 44 Ken // May 29, 2008 at 7:08 pm

  Hi, Eddie. Recently a friendly loan of my mother-in-law gone bad. 13 checks amounted rm 20k+ was bounced and the borrower is nowhere to been seen. Just want to ask u, can i file a police report ? Is he a criminal for issuing 13 bad checks ?

• 45 Bing // Jun 2, 2008 at 6:34 pm

  Hi, Eddie.
  Few years ago, I had an verbal agreement with an auditor whereby I agreed to let him use my name to act as company secretary in his clents’ companies (In Malaysia, an auditor, cannot at the same time act as company secretary). In return, I was entitled to certain percentage of the secretarial fees. For convenience, a sample of my signature was given to him and a rubberstamp of my signature was made and kept by him. The documents required my signature in the capacity of secretary was stamped. Some time ago, I discovered that my name has been used as director in one of the company without my knowledge & consent. I approached him about this & he totaly denied that he had used my name on it. A search made with SSM confirmed that my signature had been forged on the Form 48A by using the rubberstamp (this document normally signed under oath). What action can be taken against the auditor ?

• 46 Ahamed Faizhal // Jun 16, 2008 at 12:01 am

  Hi Eddie,

  I would like to make some spelling adjustment to my name in the identity card, is there a possibility to initiate such a excercise?Please advise. Thanks

• 47 Eddie Law // Jun 17, 2008 at 3:04 pm

  Hi Ahamed Faizhal – I am not too sure of what amendment you want to make, however, the best body to check with is the National Registration Department http://www.jpn.gov.my

• 48 stella // Jun 19, 2008 at 10:28 pm

  Hi Eddie,

  hope that you can give me some advise…
  i has a relative, he was beaten until death by few people.
  His parents plead to the police to pay more attention in this murder case, but the police not really make a detail investigation.

  My question here is what they can do actually?
  There is no legal representation to represent them. Should they hire a lawyer by themselves ?
  But their financial position is not very good…

  Which source of help they should apply for?
  And how to let the police to pay more serious attention in this case?

  thank you for your advise first!

• 49 Eddie Law // Jun 25, 2008 at 12:02 am

  stella – well i would say engaging a lawyer will help a lot in pushing speed of the case. You may seek help from the Legal Aid Center, it is free.

• 50 Tigertog // Jul 3, 2008 at 11:43 am

  I came into an inheritance in Sept 2006. Till now the executors has not release the funds due to another party contesting the will. My question is – does the inheritance money earn interest while the executors sort out the problems. I’m not in a hurry to ask for the money but I think it’s fair to give back the interest earned while waiting. In the will, there were 3 names where 2 of them gets a fixed amount and whatever balance goes to one of the executors. The other party is sore because they feel that they should get more by virtue that they are family. I am just a close friend. As the will was written 10 yrs before her death, the ‘balance’ has increased substantially – more than the total sum of the other 2 parties. I am not fighting over the $$$. I just don’t think that it’s fair for one of the executor to benefit from the interests when he is already getting more than 3 times the total sum of the other 2 parties, in which 10 yrs ago only amounted to less than 20% of the total sum of the 2 parties.

  What do you think? Thanks

• 51 William Wong // Jul 26, 2008 at 2:15 pm

  Hai Eddie,
  I am working in the plantation sector in Indon. My service was terminated without any notice and stiplulated on my work contract that’s 2 months in lieu. Even my 34 days replacement leave was forfeited without any payment. Kindly advice.

• 52 Legal Aid Bureau in Malaysia (Biro Batntuan Guaman) // Jul 28, 2008 at 12:54 pm

  [...] mentioned in my previous post, there are 2 major organisations providing free legal aid in Malaysia. One of them is the Legal Aid [...]

• 53 Jeffrey Ng // Jul 31, 2008 at 7:34 pm

  Hi Eddie,
  My mother was a diabetic patient and looking for treatment at one of the renowned medical center in KL in yr 2001; initially with a very small wound at the right ankle but, while undergoing treatment at the center for the duration of about one month, her condition worsening with bigger gap size (circa 60mm in diameter) of wound up next. Despite one of the intensive treatments like artery bypass surgery to increase blood flow to the wound, it did not help. Finally, the medical center gave up and we were asked to transfer my mother to a government hospital for further treatment. Her lower right limb was eventually amputated and she passed away in 2004.
  During the treatment at the center, the medical bill had amounted to around $34,000. On a progressive basis, we have had settled half of the total amount, but subsequently, while we were getting document papers and arranging the hospital transfer, we were not asked to settle the remaining balance ($17,000). Moreover, the hospital provided all the papers and allowed us to leave the hospital freely.
  Later, the hospital filed a suit in 2002 against me to recover the debt for I am the guarantor.
  Here are my questions:
  1. Deteriorating condition due to treatment failure as in our opinion, can we file a counter suit for hospital’s negligence?
  2. Allowing patient to be discharged when bill was not fully settled and later filing suit against the guarantor, technically, is this a breach of procedures and also an violation of my consumer rights?
  3. Under this kind of dispute, how does one classify it as guarantees & indemnities or continuing guarantees & indemnities?
  4. What will be the most ideal way to resolve this sort of dispute?
  Desperately seeking your earliest advice.

• 54 Eddie Law // Aug 6, 2008 at 5:46 pm

  Tigertop – to be honest I am not sure if the law allow the executor to be entitled to the interest accrued, but my common sense tells me he shouldn’t . It would be good if you can call some will writing agency or lawyers friend to find out more.

  William Wong – you may sue your employer if they have terminated you wrongfully, alternatively, you may lodge a complain with the Labout Office.

  Jeffery Ng – 1. if you can prove that the hospital was neglegent when conducted their duties, of course you can sue them. 2. I don’t think so as eventhough they have violated their own procedure that doesn’t mean they can sue you as thier procedure is not law. 3. I haven’t seen the letter of guarantee, hence, I don’t know. 4. It would be good if you can avoid legal proceeding as hiring lawyer to defend you will cause you a lot of money (esp. in medical negligence case). It would be good if you can have amicable settlement with the hospital.

• 55 Lai // Aug 13, 2008 at 1:24 am

  Hi Eddie,
  My business partner just resigned as a director and sold his entire share to me. After that he went to recruit some of my staff and agents to join him. Actually, all directors and staff had signed an agreement said that we cannot doing same business within 6 months if who are resigned. After that, he also recruits my staffs and agents. Before he resigned, he said not going to do same business and sell his entire share total RM 15k to me. Total paid out capital is RM 60k. He got 25% share in my company.

  After 1 months, I just know he steal my company customer’s application forms and submit to others. He also spoils my name and reputation. My auditor just finalize last year account was lost RM 24 k. He really makes me loss a lot of money and felt being cheated by him. If I want to sue him, how many chances I can win? Take how long to settle? How much the lawyer fees?

• 56 Eddie Law // Aug 16, 2008 at 12:20 am

  Lai,

  If you can prove that your partner is in breach of any term of the contract, you may take action against him. I cannot really tell you the winning percentage as I have a very limited fact here.

  When a case goes to court, it really depends if it is contested, non-contested case can be “settled” very fast, on another hand, if the defendant contest the case it may drag to 2 -3 years or even longer depends on the complexity and witnesses/evidence involved. I have handle a case which was even not settled after 10 years.

  Again it legal fees is very much depend on the complexity of the case and whether the same is contested. To bring a case to lower court you will need to prepare min RM3,000 – 5,000. If the case being contested and goes for trial then your legal fees will be more than this.

• 57 Raflly Nann // Feb 12, 2009 at 8:00 pm

  Hi Eddie ! I need you expert advise on employment matter. My wife is working in a US base company in Klang as a purchaser. Recently she has been assigned(verbal) to handle anothers person job (purchaser which was reassigned to other duty)for Kuantan Plant without any salary adjustment what so ever all though the job responsibility increases.The management insisted her to do the job without any choice. The management reiterated that the job does not require her to leave her office as it will be some sort like a centralise purchasing function. Please advise on the avenue that she could take to decline the instruction and mantained status quo.Thanks

• 58 irma // Apr 2, 2009 at 7:30 pm

  Hi Eddie,
  There is this debt collection company who’s staff introduce themselves as legal representative and that they are calling from a legal firm. But i noticed that their letterhead has the word sdn bhd and they cc’d their letter to a lawyer…
  I’ve never known of a legal firm bearing the words sdn bhd as their company name and i’ve never heard of a legal firm bothering to call up borrowers to collect debt (or else they will follow up with a legal action). and if they truly are a legal firm, why are they cc’ing their letter to another lawyer?.. I wonder if my thoughts on this are correct? and if so, who can or should i report to?

• 59 SH Tey // Apr 12, 2009 at 11:18 pm

  I was previously an expatriate for a listed company in KL.

  Last year (July 08), the company transfer me back with offering Malaysia based salary which is 70% less than expariate paid. So I tender my resignation with immediate effect and the company accepted it (verbally).

  They refuse to pay me back balance salary & claims amounted approxiamtely RM 12, 000. And now they issue me a laywer letter (in Apr 09) saying that the mgt is not agreeable to my request of waiver of 3 months notice, and demand the sum to RM 12, 000 which is equivalent to 3 months salary as compensation.

  What actions can I take to protect myself?

  Thank you very much for your kind advise.

• 60 Eddie Law // Apr 13, 2009 at 11:30 am

  Hi Raflly Nann – you will need to check the employment letter/contract between the parties. The rights of the parties are stated in the said contract.

  Irma – law firm in Malaysia is either in the form of sole proprietorship or parntership and their liability is not limited and they don’t have to register with CCM.

  As such, if the sender is a “sdn bhd”, i am pretty sure that they are not law firm.

  You may report to Bar Council disciplinary boad if you found any law firm acting in a suspicious manner.

  SH Tey – Can’t really give you any concrete advice online as I do not have access to the relavent documents and details of your case. You may engage a lawyer to have a face to face consultation. By the way, verbal agreement is still valid in the eye of law, however, it may be rather difficult to prove in court, as it will be “words against words” kind of situation.

  Net time shall the similar circumstance arise, you can write to the parties concerned in a form of letter to confirm what have been discussed and agreed. At least this will help to put more weight on your evidence in court.

• 61 zongyin // Jun 16, 2009 at 10:15 am

  Dear Eddie,
  I would appreciate it very much if you could “enlightened” me on an issue of defamation. My question is: a blog owner simply download a picture from someone else’s blog and place it in his article, for the purpose of substantiating his criticism on an issue. It’s ok for this guy to criticise anything as he likes, but the problem is, what was shown in that particular picture has nothing to do with his issue.
  My concern is that the picture was taken at our place, and we suspected that he actually knew it and had purposely “misused” it. Regardless of his intention, we think that he actually had misled people’s impression on us, and most seriously, this had caused damage on our reputation.
  I wish I could get your advice on both party’s legal right. Thank you very much!

• 62 Aileen C // Jul 8, 2009 at 12:32 am

  Hi, i’m currrently seeking a case (civil court) with my former boss who is residing in Singapore.

  After going thru so much, i finally got the order to send him the Summon ‘OUT OF JURISDICTION.

  Initially, according to the officer in Jln Duta Court, i send the summon together with the order out of jurisdiction to him via a process server (Subordinate courts of Singapore). I followed the steps but the Singapore courts said that it should be done via our own court.

  I went back and met the judge and gave them the reply the Singapore court gave me, and they instructed me to send the summon and order to the defendant via Registered mail.

  The problem is my ex-boss is a cunning old bastard, when he sees a parcel from me, he will not accept it or sign it.

  And it the court term, it means i failed to deliver the summon and order to the defendant.

  Can you enlightened me what is the best way for me to deliver it over to him in Singapore? My follow up court hearing is in next month, 2nd week of August 2009.

• 63 lee siew // Aug 25, 2009 at 3:29 pm

  Its regerading small claim in magistrate court.

  Q1.Is the defendant acceptance or return receipt of summon is required to proceed for the case.

  Q2.Suppose we send the summon to company/house address n defendant doesn’t accept or doesn’t sign to the resister post then also can the case will move forward.

  Plz provide detail suppose he doesn’t accept or provide receipt to registered post(which i will send to him) that he accept the summon.wht else can be done?Whts the alternate.

  Thanks

• 64 Anonymous // Aug 27, 2009 at 11:42 pm

  Lee Siew,

  Do consider applying a court order for substituted service under Order 7, rule 18 of the Subordinate Court Rules.

• 65 lee siew // Aug 27, 2009 at 11:55 pm

  Thanks for response

  Is substituted service can be used in magistrate court also as i m filling case in majistrate court ??

  My case is not in subordinate court.

• 66 mark chew // Aug 29, 2009 at 3:06 am

  Dear Eddie,

  Arising from a family feud, the other party has managed to obtain an injuction on me from leaving the country. Normally what can one do if there is a need to travel for business matters?
  thanks

• 67 anonymous // Oct 16, 2009 at 8:27 pm

  kindly advise me how to get help in case of domestic violence when the lady is not yet a citizen of malaysia.and what if the husband has close links with the police and indian embassy in malaysia.

• 68 aman // Oct 16, 2009 at 8:43 pm

  I am a resident of India.My daughter got married in Malysia 2 years ago.She is tortured by her husband and wants to come back to India with her 2o days old baby boy.Kindly guide us how and where to launch a complaint against this matter.
  I am writing the whole matter, please see what necessary steps can be taken to rescue her.
  we found the match through a newspaper.Immediately after reaching Malaysia her in-laws started torturing her.
  Then somehow my daughter and her husband changed their residence to a differnt location.but even that did not help in maintaining their relationship.she was being tortured by her husband day and night.
  now she has given birth to a baby boy and thought that this might help her get some love in the family.
  but her condition has become worse.
  After the birth of the baby she has not been given medical attention. after her surgery she was forced to leave the hospital and go back home without proper care.she is not given much to eat and is not even able to feed the baby.
  As she is still not a citizen of Malaysia ,she wants to come back to India but her husband is not letting her go and not willing to make the baby’s passport . She wants to bring her child along, to india.
  Kindly guide me how to send help to her as her husband has good links in Indian Embassy and with police, so she is afraid of filing a complaint against him.
  How to get the child’s passport made and how can she be rescued?
  Kindly guide me I would be very grateful to u.

• 69 Roslan // Oct 21, 2009 at 6:35 pm

  Hi Eddie,I involved in accident on 14/10/2009.I was riding a scooter and a car hit me from the side,my problem was there was no m/cycle workshop here in Semenyih & Kajang wanted to repair my scooter due to the cost although I can claim a third party insurance.I think whole cost might be around RM1000 +,can you advise me or can you recommend me a lawyer,TQ very much.

• 70 Jo // Oct 24, 2009 at 10:12 pm

  I want to ask for your legal advise, but i would prefer it to be private, can i get your email add?

• 71 Yang Chor Juen // Oct 26, 2009 at 8:47 am

  Dear Eddie Law

  I entered a S/P agreement with a company on this drinking water vending machine. The contract is 3 years where they will provide services to maintain the machine. During this period, they have breached the contract by providing sub-standard kind of services.

  Question: Can I bring them to tribunal court of consumer?

  Appreicate your legal advice on this.

  Thank you.

• 72 Woman // Oct 28, 2009 at 7:51 pm

  Hi, me and my fiance registered as married couple last Sept 2008 but we have yet to stay together and yet to have any chinese custom of marriage. Now, he requested to divorce with no reason given. He claimed that he cannot stay on with me anymore. But I have not agreed to his request. Can he request to divorce without my consent? What will be the consequence if I insist not to agree to divorce. Thanks.

• 73 douglas c // Nov 2, 2009 at 1:45 pm

  hi eddie,
  iam having a hard time getting a brother in law to repay the money he owes me. im not even know he ever will. i was given excuses like its not his fault n that its a third party etc. when i ask for prove a statement or something he dont have any. its useless talking to him. always different story.. its painful and frustrating.. please eddie tell me what to do

• 74 alex // Nov 6, 2009 at 2:51 am

  hi Eddie,
  Both the Bar Council Legal Aid Center and The Legal Aid Bureau web pages cannot be found?
  Any alternative web pages?
  Thanks

• 75 Sarah chew // Nov 20, 2009 at 7:57 am

  I will like to engage a malaysian lawyer to sue a malaysian thrid party for wishplash injury and car damage to my vehicle that happen while holidaying in malaysia. Pls reply how to contact u or u may call me @

• 76 Lim CY // Nov 20, 2009 at 10:02 am

  There should be more services as considerate as yours!

  Thank God there are guys like you out there to help us.

  I would recommend your excellent services to all my friends who seeking assistance.

  Keep up the excellent work!

• 77 Chan // Nov 22, 2009 at 10:27 am

  Hi Eddie,

  I am a single mother of two. I divorced my ex husband in June 2008 (through joint petition) in which he agreed to give me Rm 800 per month for the upbringing of both our children, and to transfer our house to my name after he has settled the loan with the bank.

  We attended court hearing in September 2008 and I received a photostat copy of the “dekri nisi mutlak” and a photostat copy of the letter from the JPN to our lawyer regarding the dissolution of our marriage.

  However until now I haven’t received any copy of the court order. I phoned our lawyer several times but couldn’t get through and I stay very far away from his office. The lawyer is my ex husband’s friend.

  My ex told me that we won’t be given original copies of the dikri nisi , only our lawyer will have it and there won’t be any court order.
  However the court will have details of our petition and any dispute can be referred to it.
  Is this true? If not, what can I do?

  I hope you will kindly advise me as this is giving me sleepless nights. Thank you very much in advance.

• 78 Eddie Law // Dec 12, 2009 at 12:52 pm

  Dear Readers,

  Thank you for posting comments.

  However, I am sorry that I will not be able to provide legal advise online from now onwards.

  Should you need FREE legal aid, please contact Legal Aid Center, please see the contact details:

  http://www.laweddie.com/wordpress/contact-directory-of-legal-aid-center-and-legal-aid-bureau-in-malaysia/

  Should you wish to engage lawyer, please email me at eddie@laweddie.com and I will try to refer my lawyer friends to you.

• 79 mark chang // Dec 20, 2009 at 1:36 pm

  Dear Sir
  I brought a house in KL but never move in to stay. I have rented this house to a tenant for the past 9 years, the tenant paid rent promptly every months, but I was told if I continue rent this house to this tenant for 10 years, he will automatically became the owner of this house, Sir can you advise whether this is true, and what should I do now?
  Thank you in advance for your valuable comments.

• 80 Annie Lew // Dec 24, 2009 at 12:39 pm

  Hi there,

  I would appreciate your kind advice on the follows:

  1. My mother married my stepfather years after my father’s passing.

  2. With that, they have 2 children. And they bought a low cost flat together.

  3. My step father left us 17 years ago. His children then were not 10 years old yet. He left without any support to our family. My mother had to fend for us, and she did also continue with the installment of the house they have bought.

  4. After my mother’s passing, I continued with the payment for about 6 years and I also look after my step-brothers like my own children. The house is now paid in full, and my brothers have completed their studies.

  5. I got a call from my step-father yesterday, letting me know that he now wants the house – to either sell it or refinance it. I opposed.

  6. I called the bank today and I was informed he has been to the bank with his wife (they are now Muslim and have been that since he married her, I think they got married not long after he left my mother).

  7. I would really appreicate knowing how I can go about stopping him getting our home. He has not helped with anything, he has not even attended my mother’s funeral, not contributed in his children’s living and education, etc.

  Looking forward to your very soon urgent revert – if possible.

  Thank you.

• 81 Confused girl // Jan 9, 2010 at 1:44 pm

  Dear Eddie
  I just spent around RM1,500/- on 2 different lawyers to “read my rights” as a wife and as a victim of Single Petition Divorce, filed by my husband.

  I am even more confused now as I feel that the fees quoted to write a petition and to handle my case are irregular….as low as RM5,000 to RM40,000! I feel my case is straightforward but do not understand how I can be quoted as such. I really do hope you can help give a sincere, honest, down to earth advise before I make a decision to commit the amount quoted.

  What is the normal fees to be charged to write up a petition for divorce?

  Is there an Instruction Manual for Lawyers to abide by to charge their Clients? And if yes, where can I obtain it?

  Would you be interested to handle my case and if yes, how much are your fees?

  Do appreciate an urgent, early reply as I would like to prepare myself, since my tribunal is end of January 2010.

  Thank you very much.

  Sincerely
  Confused girl

• 82 joseph ooi // Jan 11, 2010 at 12:18 pm

  Dear Eddie,

  I’m a christain and in my late 40’s residing in KL.
  Just want to ask you for some advise on spouse left home since end of year 2008, had not come back but had spoke a few times on the phone saying “why I had stop the divorce proceedings” and other household matters; ie citing grouses that she does not enough money to continue paying for the extras amount to the car instalment even the rental recieve from our apartment is not enough to cover (approx RM180 per month extra). To cut the story short, I was the one who inicite the divorce and after counsel by a pastor from Evangel assemble and as refer to Mathew 19:1-10 and Mark 10:1-12 clearly state that we cannot divorce and I act accordingly to stop the proceedings. Thereafter she reacted and she move out and also mentioned that she will do the divorce proceedings if I don’t. Now after reading the legal side, does that means that she separate from me for 2 years can file for divorce and win the case.
  My Pastors had supported me in prayers inculding my (her close friends) but I have yet to see any light. Please advise me

• 83 Catherine // Jan 12, 2010 at 11:19 am

  Hi Eddie,
  I`m writing this to acquire some advise for the bereaved family of my deceased brother.
  On Dec 31st 2009 I lost my only brother in a tragic accident at a construction site.He was hired as a lorry driver working for a relative who is the sub contractor.His job apart from transporting workers also involved in helping at the construction developing site fixing rain gutters.He worked for $MR 80.00 a day and he gets paid cash once a month.He died during work on Dec 31st 2009 after falling down from a tall building without wearing any sort of safety gear.He was badly injured breaking mostly every pieces of his bones.He left behind a wife, two children and a huge mortgage.
  His employer did not protect him from any kind of insurance ,EPF or Socso.
  At present we are trying to make private settlement with his employer.Can you help this unfortunate family in providing some advises regarding reasonable compensation to carry on with their life.
  Thank you and I would appreciate if you can give me a quick reply.

• 84 Ally // Feb 5, 2010 at 2:13 pm

  Hi Eddie,

  Where do I go if I only want to seek opinion on legal matter. Wondering what is my right before I go to negotiate with the lawyer. Afraid the lawyer might u know physically pressure me and without knowledge i dont want to do or maybe juz run away from the problem rather than try to solve it.

  Conclusion, i want to know what best for me to settle the legal matter.

• 85 Soo Tim Tong // Feb 10, 2010 at 12:09 pm

  Joseph Ooi,

  Understand your position, and the stand of your church pastor. There are verses in the bible that are clear about “no-divorce rule”.

  But also catch a glimpse of your wife’s situation. You have fairly told part of her side of the story as well. She thought you were initiating divorce…which presumably both of you agreed at the beginning, then you stopped the action on your side.

  As a Christian, I believe in prayer. As a Christian, I believe in love – as in loving action – as well.

  I have done divorce matters like yours. It’s tough on the one keen to proceed on divorce, and costly. It’s also tough for the one’s on your side…who is trying to keep to a biblical view of no-divorce.

  Yes. She can proceed to START divorce proceedings after 2 years separation…but she would need to take out a Unilateral Petition against you, and proceed as if she were fighting you to get a divorce. It’s a much expensive, time consuming, frustrating process.

  At the end of the process…sadly, usually, both parties have even less basis for any sort of relationship – even if it is only as co-parents, or ex-spouses – than 2 years ago when you broke up.

  I don’t want to use this space to do advertisement of myself, or my services…but if you wish to talk to a Christian – who is a lawyer who does divorce cases – and find out why I feel I can do divorces, and why I feel there is more to walking as a Christian than just to stick to, for example, no-divorce commandment or rules – then, you may contact me at my email stimtong@gmail.com

• 86 Soo Tim Tong // Feb 11, 2010 at 11:40 am

  Confused Girl,

  I have only just found this blog and read some of the comments. I would like to reply to yours. I am assuming that you and your husband are not able to AGREE to a JOINT Petition, and it’s about Unilateral (Single) Petition for divorce. This means it’s a “fighting” case.

  A simple answer is :

  Lawyer do have very different range of fees…and you are appointing a lawyer to handle a case that is contentious (court case). This means it is not like a sale and purchase of house agreement, where there is a scale fees.

  It is wise for you to check with your lawyer on their fees and also costs (disbursements for printing, photostat, travelling, telephone etc).

  The more technical and longer answer is :

  There are rules in to check on legal costs…but it is mainly applicable for party and party costs…ie. when a party loses to another party, and the losing party is then asked to pay the winning parties’ costs. These costs are more strict, but still there are areas where even the court is given discretion to decide how much cost to award.

  For own solicitor costs by his own client, the general rule is found in Order 59 rule 28 of the Rules of The High Court, 1980 which says :

  28 (1) On the taxation of a solicitor’s bill to his own client (except a bill with respect to non-contentious business) all costs shall be allowed except in so far as they are of an unreasonable amount or have been unreasonably incurred.

  28 (2) For the purpose of paragraph (1), all costs incurred with the express or implied approval of the client shall, subject to paragraph (3) be conclusively presumed to have been reasonably incurred, and wehre the amount thereof has been expressly or impliedly approved by the client, to have been reasonable in amount.

  28 (3) For the purpose of paragraph (1), any costs which in the circumstances of the case are of an unusual nature and such that they would not be allowed on a taxation of costs in a case to which rule 27 (2) applies, shall, unless the solicitor expressly informed his client before they were incurred that they might not be so allowed, be presumed, until the contrary is shown, to have been unreasonably incurred.

  Rule 27 (2) says that …”allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party…”

  I know that this is a lot of very complicated wordings…. basically, it means that for the cost of your own lawyer, there is very broad allowance of fees and costs.

  So, what is the safeguard against overcharging? Basic business-sense. Lawyers are also having to run business…and cost is one of the factors that will determine if we’ll get the job or another lawyer will get the job.

  Other factors are of course, the seniority of the lawyer, the specialised skills of the lawyer, the responsibility to be borne by the lawyer, the complexity of the matter, the importance of the matter to the client (these are taken from Order 59 Appendix 1, rule 1 (1). )

  Yes. There are so many rules and even appendices to determine the fees and costs if the matter really goes to a judge to be taxed (to be decided). It’s very complicated and the process itself is costly.

  Conclusion :

  That’s why, it is essential for clients to be clear and negotiate a fees and costs structure with their lawyer. But once it is agreed, even if it is not the actual fees, but just a structure, eg. hourly rate, and costs per hearing date, then it is a binding contract between the lawyer and his client. No need and (usually) cannot be sent for taxation to the court.

• 87 salam // Feb 20, 2010 at 4:21 pm

  Two important questions
  1. While I am in Visit visa( maximum 45 days ) can I get married to a malaysian woman or a woman who is residing in USA( she also malaysian origin).

  2. if I am a documented refugee in malaysia because of political procecutions in Sri lanka,
  Can i get married to a malaysian woman or a woman who is residing in USA( she also malaysian origin).
  Considering both of us are muslims
  Please give me a legal situation of this. What are legal venues that I have.

  Best regards

• 88 Soo Tim Tong // Feb 23, 2010 at 11:57 am

  Dear salam,

  I am not a Muslim and am not particularly competent to answer your question of marriage between muslims in Malaysia.

  I am, however, a Malaysian, and have done some googling and looking through some available information.

  Best and most official information I found is

  http://www.islam.gov.my/e-rujukan/lihat.php?jakim=502

  Unfortunately, it is in the Malay language with a lot of rather specialized Muslim terms, which I am sorry to say, I am not familiar with.

  Maybe your fiancee who is a Malaysian woman can read through the information there.

• 89 CKLS // Mar 1, 2010 at 10:18 pm

  My father-in-law passed away recently at a private medical healthcare of heart attack. From the time of admission to time of death (approximately 3 hours), we were slapped with with a medical bill amounting to nearly 15k.

  I read recently that medical specialists fee is regulated under the PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998. It states that “For procedures under local anaesthesia, when administered by the operating practitioner, a charge not exceeding 20% of the procedure fees may be levied.” The medical specialist fee amounted to nearly 24% of the total medical bill. Did the private medical healthcare commit an offence? Can I make a complaint?

  Please advice. Thank you.

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