Chapter 31 - PTCM Flashcards
PTCM
Overview
1) General principles on PTCM
2) Overview process in PTCM
3) Scope of PTCM
4) Failure of parties & non-compliance
5) Duty of parties at PTCM
6) Power of court at PTCM
7) Dismissal of the action
8) Dismissal for want of prosecution
GENERAL PRINCIPLES ON PTCM
Overview
1) Power to direct PTCM
2) Power of judge
3) Duty of counsel
4) Effect of not having PTCM
GENERAL PRINCIPLES ON PTCM
Power to direct PTCM
1) The law:
O.34, r.1
2) Scope - Tan Geok Lan v La Kuan:
- The court controls the progress of cases by the exercise of its powers given to dictate the progress of cases at the pre-trial stage.
GENERAL PRINCIPLES ON PTCM
Power of judge
Tan Geok Lan v La Kuan:
- The power of court includes ensuring that the practices and procedures applicable during that stage are complied with promptly and not abused.
GENERAL PRINCIPLES ON PTCM
Duty of counsel
Sunrise West Sdn Bhd & Ors v Pravin Mahtaney Ramchand & Anor:
- To present to the court in a clear & unequivocal manner the agreed facts & issues to be tried;
- To attend case management with appropriate focus to facts, issues & documents.
GENERAL PRINCIPLES ON PTCM
Effect of not having PTCM
Sunrise West Sdn Bhd & Ors v Pravin Mahtaney Ramchand & Anor:
- Court expressed its displeasure & disappointment when the basic facts & dispute in relation to the agreed facts are not brought upon the court by the party.
- It is then becomes difficult and challenging at trial for the matter to be resolved.
OVERVIEW PROCESS IN PTCM
Overview
1) Notification
2) Case management at court
OVERVIEW PROCESS IN PTCM
Notification
1) Notification of PTCM - O.34, r.3:
Mode:
Form:
2) In practice:
- Via e-filing login in account or portal;
- For courts without without e-filing, by official letter from the court.
OVERVIEW PROCESS IN PTCM
Case management at court
1) Matters to be discussed:
- Mediation;
- Bundle of pleadings & documents;
- Statement of agreed facts & issues to be tried;
Statement of witness.
2) Fix date for trial.
SCOPE OF PTCM
Overview
1) Notification
2) Attendance of parties
3) Mediation
4) Trial documents
SCOPE OF PTCM
Notification
1) O.34, r.2(1):
- Court may direct parties to attend PTCM relating to the matters arising in the action.
2) O.34, r.3:
- Notification in notice in Form 59.
SCOPE OF PTCM
Attendance of parties
O.34, r.4:
- By solicitor; or
- Personally with the leave of court.
SCOPE OF PTCM
Mediation
O.34, r.2(2)(a):
1) Scope:
- Possibility of settlement & mediation, in accordance with PD 5/2010.
2) Benefits:
- Explore all options available;
- Identify underlying issues & common grounds;
- No delay in court hearings.
3) Type of cases, inter alia:
- Claims for personal injuries;
- Defamation & matrimonial disputes;
- Commercial & contractual disputes; and IP cases.
4) Agreement: Form 1 PD 5/2010
5) Settlement: 3 months from the date of reference to mediation.
SCOPE OF PTCM
Trial documents
O.34, r.2(2)(b) - (t):
1) Trial documents:
- Bundle of pleadings;
- Bundle of documents (Part A, B & C);
- Statement of agreed facts;
- Statement of issues to be tried;
- Summary of P’s & D’s case;
- List of witnesses & witness statements.
2) Issue on agreed bundle - Yeo Ing King v Melawangi Sdn Bhd:
- Part A: contents & truths are not disputed;
- When a document is placed in Part A, it is deemed to be proved without any qualification.
- Part B & C: content and/or truth is disputed.
FAILURE OF PARTIES & NON-COMPLIANCE
Overview
1) Failure to attend
2) Adjournment
3) Effect of failure to comply
4) Issuance of peremptory order
FAILURE OF PARTIES & NON-COMPLIANCE
Failure to attend
O.34, r.6
FAILURE OF PARTIES & NON-COMPLIANCE
Adjournment
O.34, r.5
FAILURE OF PARTIES & NON-COMPLIANCE
Effect of failure to comply
1) O.34, r.1(3):
- Dismiss the action;
- Strike out the defence or counterclaim;
- Make any other orders.
2) O.34, r.2(3):
- Dismiss the action;
- Strike out the defence or counterclaim;
- Enter judgment;
- Make any other orders.
3) Application - Zainal Effendi Mohd Daud v Suruhanjaya Perkhidmatan Awam:
- The plaintiff’s frequent failure to comply with the directions of the judge given during pre-trial case management without a satisfactory explanation was a very serious matter & could not be condoned by the court.
- Consequently, although not canvassed for by the defendants, the plaintiff’s action should be dismissed.
FAILURE OF PARTIES & NON-COMPLIANCE
Issuance of peremptory order
Md Amin bin Md Yusof v CityVilla Sdn Bhd:
- a peremptory or an unless order should not be made unless there is a history of failure to comply with other orders as it is an order of last resort;
- All the circumstances of the case, inclusive of whether the failure to comply with the peremptory or unless order was indeed intentional and contumelious, should be taken into account before penalizing the defaulting party.
DUTY OF PARTIES AT CASE MANAGEMENT
Overview
1) Disclose all information
2) Make all interlocutory applications
DUTY OF PARTIES AT CASE MANAGEMENT
Disclose all information
O.34, r.8:
- Parties shall give all such information & produce all documents required.
DUTY OF PARTIES AT CASE MANAGEMENT
Make all interlocutory applications
O.34, r.9:
- 7 days before the date of case management;
service in Form 60 specifying orders & directions.
POWER OF COURT AT PTCM
Overview
1) To issue any orders or directions
2) To order for settlement
3) To deal with non-compliance
4) To make peremptory order
POWER OF COURT AT PTCM
To issue any orders or directions
O.34, r.1:
- Issue any orders or directions that will ensure just, expeditious & economical disposal of the proceedings.
