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Vinodhan Kuppusamy
Apr 12, 20213 min read
Federal Court: AR Card is needed to prove service of Writ
A) Previous position regarding “good” service of Writ – a dilemma Order 10 Rule 1 of the Rules of Court 2012 (‘ROC’) stipulates, ‘…...
Vinodhan Kuppusamy
Feb 17, 20213 min read
An Application for Discovery in a Civil Suit
The case of Mully v Manifold [1959] 103 CLR 341 defines Discovery per Justice Menzies as follows: “Discovery is a procedure directed...
Vinodhan Kuppusamy
Dec 9, 20203 min read
Malaysian Standard & Burden of Proof
A) Standard of Proof It is important to realise that Courts often consider the sufficiency of evidence presented in a given case for the...
Vinodhan Kuppusamy
Nov 20, 20204 min read
Judgment In Default of Appearance - Malaysia
In 2014, when tennis ace Roger Federer pulled out of the World Finals, millions of tennis enthusiasts dubbed the act as a “disgrace”. Now...
Vinodhan Kuppusamy
Nov 20, 20204 min read
Functus Officio: When Does A Court Lose Its Powers?
A) What is Functus Officio? The phrase “having discharged his duty” resonates with the term Functus Officio as it refers to an officer or...
Vinodhan Kuppusamy
Nov 20, 20203 min read
Abuse of Process in the Court of Law - Malaysia
Abuse of Process (“AOP“) is where a person and/or a party uses the legal system in a way that does not serve the underlying goal of a...
Vinodhan Kuppusamy
Nov 19, 20203 min read
Without Prejudice Letters: When & How Can They Be Admissible In Malaysian Court?
What is a Without Prejudice (“WP”) Letter you ask? Well, it is literally a letter with a small part somewhere on the document labelled...
Vinodhan Kuppusamy
Nov 16, 20204 min read
Is a Consent Order/Judgment the same as a Judgment in Malaysian Court?
Situation 1 Adira and Shaan are involved in a divorce proceeding. Consequently, they agreed to sort out the terms of the divorce...
Vinodhan Kuppusamy
Oct 15, 20204 min read
Received A Letter of Demand? Here’s What You Should Know - Malaysia
Say you receive a Letter of Demand from a law firm stating the following: TAKE NOTICE that our client has instructed us to demand, which...
Vinodhan Kuppusamy
Oct 15, 20203 min read
An Application for Further & Better Particulars - Malaysia
Pleadings are important in every civil action as they lay down the bricks that make up one’s case. Sometimes however, the Pleadings may...
Vinodhan Kuppusamy
Sep 23, 20204 min read
Is the Non-Compliance with the Rules of Court Fatal?
The Rules of Court 2012 (“ROC”) or Kaedah-Kaedah Mahkamah 2012, as it is known in Malay is dubbed the holy scripture for legal...
Vinodhan Kuppusamy
Jul 17, 20203 min read
How to Cite Case Laws in your Written Submissions – by a Federal Court Judge - Malaysia
With the immense traffic of cases that Courts deal with, plenty of cases, in particular interlocutory applications are disposed-off...
Vinodhan Kuppusamy
Jul 10, 20205 min read
Appellate Intervention: When Can The Appeal Courts Step In? - Malaysia
Statistics reveal that a whopping 85% of cases from the court of first instance (i.e. the Magistrates’ Court, Sessions Court and High...
Vinodhan Kuppusamy
Jul 1, 20204 min read
No Case to Answer- Malaysia (A Double-Edged Sword)
In civil trials, the Plaintiff opens their case by calling their witnesses to substantiate their case. After the Plaintiff rests their...
Vinodhan Kuppusamy
Jun 11, 20205 min read
Summary Judgment Applications in Malaysia – A Cheat Sheet
Can I get a judgment against the Defendant without going through full trial? Especially when the Defendant practically has no defence or...
Vinodhan Kuppusamy
Jun 1, 20205 min read
Some Interlocutary Application are Non-Appealable – The Case of Asia Pacific
The right for a party to appeal in civil matters from the High Court to the Court of Appeal flows from the section 67 of the Courts of...