Assalamualaikum semua kenkawan,
Apa khabar semuanya?
Semoga semuanya berada dalam Lindungan Allah SWT dan sehat-sehat belaka hendaknya ya... aminnn
Last week was a busy week for Mokcik sampai tak sempat nak menjenguk pondok Mokcik ni. Hari ini baru berkesempatan membersihkan sawang2 dengan sedikit update.
My task last week was firstly, to oppose to an application for leave to appeal to Court of Appeal. In the afternoon, the role was reversed. I am the applicant on behalf of my employer of course hehehe.
|Palace Of Justice|
For the benefit of those not familiar with the court procedure, let me give an overview. Every appeal to the Court of Appeal which emanate from the lower Court must get leave. Appeal against the High Court decision must get leave if, the claim or the judgment sum is less than RM250,000.00. This is provided for under s. 68 of the Courts of Judicature Act.
Going to battle in front of a three panel Judges is a daunting task. The most important maxim that our bosses have told us over and over again..
- Arrive early
- know your judge
- know the facts of your case inside out
- know the law applicable
- know your opponent
- make sure you are not hungry - otherwise you cant think fast enough
When i saw the list of the panel sitting for the morning session..I was a bit relieved. I have appeared before them several times, more or less, i can anticipate the question they will ask. All we have to do is prepare oneself according to what they want us to 'give' them. Sometimes, it can be a battle of wits between the two counsels and one must be able to gather one's wits quickly to win the judge.
|Masjid Putra Putrajaya|
Alhamdulillah, we succeeded to stop the other party from appealing further to the Court of Appeal eventhough, as usual, there is no order as to cost whenever the case involve the Government.
|Sabar menunggu... sambil memerhati gelagat peguam2 dalam Mahkamah|
In the afternoon, a different panel was presiding. I have appeared before them in normal appeal cases. Not in an application for leave cases, though. While submitting my submission to the Deputy Registrar on duty, he enquired, "Would you like to be called first puan, since you are representing the government?"
"Hmnn...Thank you but i would prefer to be called according to the list."
"Ye la mana la tahu kan. Kita pun faham peguam persekutuan kerja sampai malam."
|Balik malam katanya hahahah... kalau balik awal memang anak buah pelik. Cik abe pun macam tak percaya kalau Mokcik muncul kat pintu rumah sebelum jam 5.30 petang hahaha...|
It was actually a wise decision. hahaha... I wanted to see how the corum would handle the leave application. Remember...you must know your judge!
Before long, it was my turn.
"This is an appeal from the decision of the High Court, counsel?"
"Yes, My Lord, My Lady"
"Let's hear from the Respondent. Mr. *tooott* do you have any objection? It is our view that an appeal from the High Court should be given chance to ventilate in the appellate court."
"We are objecting Yang Arif. They are only appealing against quantum."
"Yes, i know. why are you objecting?"
bla bla bla...
Finally, the Chairman said, "We unanimously allow the application with no order as to cost."
That is good enough for me, alhamdullillah.
|I normally don't have any appetite to eat before going to Court. After the case is over, it's a different story. One must reward oneself, regardless of the outcome. What matter was I did my best and my conscience is clear.|
|I think i deserved a bowl of Char Kuay Teow and a glass of Iced Milo|
That was on Friday..another case to be tackled on monday..it was a full hearing before the High Court Judge. Done and over with it yesterday.. another date given for us to submit.
|Kompleks Mahkamah Kuala Lumpur Jalan Duta , courtesy of Google, credit to the photographer|
|While waiting for the case to be called.. hahaha..|
Now Mokcik is concentrating on the cases next week..this time it requires flying...
|I am flying...I am flyingg...|
Work cum holiday coz next week is school holiday..yessszaaa...
|I am thankful to Allah for what i have.. it is stressful but one has got to do what one expected to do|
|At the end of the day, no matter how stressful it is, bila pandang wajah manis senyuman Baby Muaz, terasa terbang segala masalah yang membelenggu|
|Muaz at 7 months..dah ada sebatang gigi, patutlah suka benar menggigit semua benda yang dia jumpa hahaha... sudah pandai mengengsot ke depan dengan lajunya..|
|Bila dia dengar pintu rumah dibuka dan nampak wajah Umminya masuk..dia segera senyum dan gelak bila diangkat.. SubhanAllah..|