Civil Litigation Lawyer in Malaysia

Rules of Court 2012 · Contract · Tort · Commercial disputes
Magistrates’ · Sessions · High Court · Court of Appeal · Federal Court

Civil litigation in Malaysia is governed procedurally by the Rules of Court 2012 (“ROC 2012”) and substantively by a body of statute and common law that includes the Contracts Act 1950, the Civil Law Act 1956, the Sale of Goods Act 1957, the Limitation Act 1953, the Companies Act 2016 and a substantial body of decided case-law.

The principal courts of first instance are the Magistrates’ Court (claims up to RM100,000), Sessions Court (RM100,001 to RM1 million) and High Court (above RM1 million, or any matter outside the lower courts’ jurisdiction). Appeals run from the High Court to the Court of Appeal and, with leave on questions of public importance, the Federal Court.

A civil action begins by writ of summons or, where the dispute is principally on points of law, by originating summons. Pleadings are exchanged (statement of claim, defence, reply); evidence is filed by witness statement and bundle of documents; trial proceeds by examination-in-chief, cross-examination and re-examination of witnesses. Court-annexed mediation is now common, particularly in the Sessions Court.

Areas of civil practice

  • Contract disputes — breach, repudiation, rescission, specific performance, damages, indemnity
  • 蛋糕 — negligence, professional negligence (medical, legal, accounting), defamation, nuisance, trespass, misrepresentation
  • Commercial litigation — shareholder disputes, joint-venture disputes, agency, distribution, franchise
  • Banking & debt recovery — summary judgment, bankruptcy, winding-up
  • Real-property disputes — caveat actions, vendor-purchaser disputes, strata, restrictions
  • Employment & industrial relations — wrongful dismissal, restraint of trade, contractual claims
  • Probate, trusts and family-business disputes

The civil litigation process

Pre-action

  • Letter of demand (LOD)
  • Pre-action protocols, where applicable
  • Negotiation, mediation, settlement
  • Limitation analysis under the Limitation Act 1953

Commencement and pleadings

  • Writ of summons + Statement of Claim, OR Originating Summons
  • Service: personal, AR-registered post, substituted service
  • Memorandum of appearance by defendant
  • Statement of Defence (and Counterclaim, where applicable)
  • Reply (and Defence to Counterclaim)
  • Striking out applications under O.18 r.19 ROC 2012

Interlocutory applications

  • Summary judgment (O.14)
  • 缺席判决
  • Discovery (O.24); interrogatories (O.26)
  • Interim injunctions (Mareva, Anton Piller, prohibitive)

Trial, judgment and enforcement

  • Examination-in-chief, cross, re-examination
  • Closing submissions
  • 审判
  • Enforcement: writ of seizure and sale (WSS); garnishee proceedings; judgment debtor summons; bankruptcy / winding-up

Appeals

Appeals to the Court of Appeal must be filed within 30 days of judgment (O.55 ROC 2012). Federal Court appeals require leave on questions of general principle, public importance or conflict of authority.

Costs and time

Costs are typically awarded to the successful party on a standard basis under O.59 ROC 2012, scaled to the complexity and value of the action. Most Sessions and High Court matters reach judgment within 18–30 months from filing. Reasonable estimates are given before instruction.

See also: Civil Litigation Lawyer in Johor for Johor-specific information.

联系

Telephone: +60 17-702 2800
电子邮件：[email protected]
Office: No 1-10 (1st Floor), Jalan Maju 1, Taman Maju, 83000 Batu Pahat, Johor.