IPOH - Former Perak police chief Datuk Mior Faridalathrash Wahid has been accepted today as an attorney and solicitor of the Malaya High Court.
The admission proceedings of Mior.
The governing law of the legal profession differs in Peninsular and East Malaysia. Should a party wish to commence a court action in East Malaysia, an advocate qualified under the Sabah or Sarawak Advocates Ordinance would have to be appointed. However, what about adjudication proceedings conducted under the Construction Industry Payment and Adjudication Act 2012, which allows parties to "be represented by any representative appointed by the party"? The high court recently shed light on this matter.
Facts
In a recent Malaya High Court decision, the owner of the vessel My Ferry 2 made a claimed based on a maritime lien pursuant to Section 21(3) of the UK Supreme Court Act 1981, which applies in Malaysia pursuant to Section 24(b) of the Courts of Judicature Act 1964.(1)
The plaintiff alleged that the first defendant (tug KKD000132-T which had towed the second defendant s dumb barge Wantas 17) had collided into the plaintiff s vessel, the My Ferry 2. The plaintiff arrested the second defendant s barge, Wantas 17.
The second defendant filed an application for the following relief:
a writ
in rem (WA-27NCC-52-12/2018) and all subsequent pleadings against the owners of Wantas 17 be struck out pursuant to Order 18, Rule 19 (1) (a), (b) and (d) of the Rules of Court 2012;