Civil Matters
Summary Judgement
1. What is Summary Judgment?
It’s a legal procedure that allows a court to issue a judgment without a full trial.
This happens when there’s no real issue to be tried or one party has no realistic chance of winning.
2. How Summary Judgment Works
Application and Affidavit: The party seeking summary judgment must file an application with evidence (an affidavit) supporting their case.
Response from the Opposing Party: The other party can file an affidavit in response, providing their side of the story.
Court’s Decision: The court reviews the evidence to decide if there’s a real issue to be resolved. If not, it may issue a judgment right away.
3. Possible Court Actions
Granting Summary Judgment: If the court is convinced one party has no real chance of winning, it may grant judgment in favor of the applicant.
Ordering an Oral Hearing: In some cases, the court might ask for an oral hearing if it needs more clarity before making a decision.
4. Benefits of Summary Judgment
Quick and Efficient: It saves time by skipping a full trial.
Cost-Effective: With a faster judgment, legal expenses are reduced.
Direct Resolution: Helps resolve straightforward cases where the outcome is clear.
5. Why It Matters
Order 14 gives parties a way to resolve disputes quickly and is especially useful in cases where one party’s position is evidently weak.
Summary Judgement
What is Summary Judgement ?
Under Order 14 of Malaysia's Rules of Court 2012, summary judgment allows a court to resolve cases without a full trial when there’s no real issue or defense. If one party has no prospect of success, the court can quickly grant judgment to the applicant, speeding up justice in straightforward cases.
Joint Management Body in a Condominium
The Joint Management Body (JMB) plays a crucial role in ensuring a smooth and harmonious living experience in condominiums. Here’s a simple guide on what they do:
1. Maintenance and Repairs
Responsible for maintaining common areas and facilities like elevators, pools, gyms, and gardens.
Ensures that repairs are done promptly to keep amenities in top shape.
2. Security Management
Sets up security measures like CCTV, security guards, and access controls.
Works to keep the building safe and secure for all residents.
3. Financial Management
Collects maintenance fees, pays bills, and keeps financial records.
Ensures transparency and efficient budgeting for building upkeep.
4. Insurance Coverage
Arranges insurance policies for the building, covering property damage, public liability, and worker compensation.
5. Enforcing By-Laws
Enforces community rules like noise restrictions, pet policies, and parking regulations.
Keeps the condo community peaceful and orderly.
6. Resolving Disputes
Addresses resident complaints and resolves issues over noise, parking, or shared facility usage.
Mediates to maintain harmony and prevent conflicts among residents.
Why the JMB is Important
By overseeing maintenance, security, finances, and community harmony, the JMB ensures a high standard of living for all condo residents. A well-managed JMB contributes to a safe, organized, and pleasant environment, making condo life easier and more enjoyable.
Joint Management Body in a Condominium
The Joint Management Body (JMB) manages condo maintenance, security, finances, insurance, by-laws, and dispute resolution to create a well-maintained, secure, and harmonious environment for all residents.
Tortfeasors
1. What is a Tortfeasor?
A tortfeasor is anyone (person or business) who causes harm or injury to another through wrongful actions.
Torts can be intentional (like assault) or unintentional (like negligence).
2. Types of Torts Committed by Tortfeasors
Intentional Acts: Harm caused deliberately, such as assault or defamation.
Negligent Acts: Harm caused by carelessness, such as failing to fix unsafe conditions.
Strict Liability Torts: Cases where the tortfeasor is responsible for harm even without intent or negligence, such as defective products.
3. Proving Liability in a Tort Case
Duty of Care Breach: Plaintiff must show that the tortfeasor owed a duty of care and failed to meet it.
Causation of Harm: Plaintiff must prove that the breach directly caused injury or damage.
Intent or Negligence: Demonstrating that the tortfeasor acted either with intent to harm or negligently.
4. Why Pursue a Tort Case?
Compensation: The injured party may seek compensation for damages.
Legal Remedies: Tort law provides a pathway for individuals to seek justice and recover losses.
Tortfeasors
What is Tortfeasors ?
A tortfeasor is the person or entity responsible for causing harm through a wrongful act, like negligence or defamation, and may be liable for damages. Legal advice can help victims understand their rights and pursue compensation.