MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
Proceedings which are heard in chambers, such as an originating summons and interim applica- tions, are not open to the public. 7.7 Level of Intervention by a Judge The judicial system in Malaysia is adversarial in nature. Courts generally adopt a non-interven- tionist role in the proceedings, and they decide on questions of fact and law based on the evi- dence and arguments advanced by the parties. The level of intervention by the court during a hearing varies depending on the style of indi- vidual judges. Some judges would read parties’ written submissions before the hearing and only ask for clarification from counsel during the hearing, while others will undertake a more active inquiry during the hearing. As for judicial intervention during a witness’s testimony at trial, notwithstanding the court’s power to ask questions under Section 165 of the Evidence Act 1950, judicial intervention should not be excessive and the court should remain neutral and impartial during evidence taking. See Hong Yik Plastics (M) Sdn Bhd v Ho Shen Lee (M) Sdn Bhd & Anor [2020] 1 MLJ 743. There are no rules stipulating when a decision must be delivered after a hearing or trial. In the case of a hearing, the court may deliver its decision at the hearing, or reserve judgment to a later date if more time is required to consider the matter (usually one to two months). In the case of a trial, the parties are usually directed to exchange written submissions after the conclusion of the evidence. A further hearing date will be fixed thereafter to hear oral argu- ments. The judgment or decision will normally
be given one to three months after the oral argu- ments. 7.8 General Timeframes for Proceedings The typical timeframe for a commercial claim commenced by a writ of summons is as follows. • After the writ of summons and statement of claim are duly served on the defendant, the defendant has 14 days to enter an appear- ance and a further 14 days to file a defence (and counterclaim if required). • Thereafter, the plaintiff has 14 days to file a reply to defence (and defence to counterclaim if required). • Usually, at the case management after the close of pleadings, the court will give pre-trial directions which may include timelines for the filing of interlocutory applications and pre-trial documents. • Subject to the disposal of any interlocutory applications, the court will fix trial dates. This will depend on the court’s and counsel’s schedules, and may generally be fixed eight to 15 months from the date of filing the writ. • After the evidence is concluded at trial, it is usual for the court to give parties up to two months to file and exchange written submis- sions. A hearing date for oral submissions will also normally be fixed. • Although there is no fixed timeline for judg- ment to be delivered, the court will usually deliver judgment one to three months after oral submissions.
8. Settlement 8.1 Court Approval
A suit may be settled either in court (by way of a consent order or judgment) or out of court by way of a private settlement.
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