General Litigation

The Backbone of Our Firm

Litigation is what Messrs S.K. Song was built on. Since the firm's establishment in 1980, our advocates have appeared in courtrooms across Johor and throughout Peninsular Malaysia, arguing cases that range from straightforward debt recovery actions in the Magistrates' Court to complex multi-day trials in the High Court. General litigation encompasses every type of civil dispute that does not fall within a specialist category: negligence claims, personal injury suits, insurance disputes, nuisance and trespass actions, recovery of land, and enforcement of court judgments among them.

A litigator's job begins well before the first day of trial. The pleadings stage, where the statement of claim and the defence are filed and served, determines the parameters of the dispute. Discovery, the process by which each party discloses relevant documents to the other, can make or break a case. Interlocutory applications for summary judgment under Order 14, striking out under Order 18 rule 19, or amendments to pleadings under Order 20, are all tactical tools that a competent litigator must know how to deploy and how to resist.

The Malaysian court system operates on a tiered structure. The Magistrates' Court hears claims up to RM100,000. The Sessions Court handles claims up to RM1,000,000 and certain categories of cases regardless of amount. The High Court has unlimited jurisdiction and hears all matters that exceed the Sessions Court ceiling, as well as specific matters such as judicial review, probate and matrimonial causes. Appeals from the High Court go to the Court of Appeal, and from there, on leave, to the Federal Court. Our lawyers have appeared at every level.

Costs are a reality that every litigant must consider. Under the Rules of Court 2012, costs generally follow the event: the losing party pays the winning party's costs, assessed on a standard or indemnity basis. But costs are never guaranteed, and even a successful litigant may not recover the full amount spent on legal fees. We give our clients a frank and honest assessment of the costs exposure at every stage of the proceedings, so that informed decisions can be made about whether to fight, negotiate or settle.

How We Can Help

We represent plaintiffs and defendants in all categories of civil litigation. Our services include pre-action advice and case assessment, drafting of pleadings and court documents, representation at case management and interlocutory hearings, trial advocacy, and appellate work. We also handle enforcement of judgments, including writs of seizure and sale, garnishee proceedings, and charging orders. For clients who are outside Johor, we coordinate with local counsel in other states to ensure that proceedings are conducted efficiently regardless of venue.

Relevant Legislation

• Rules of Court 2012
• Civil Law Act 1956 (Act 67)
• Limitation Act 1953 (Act 254)
• Courts of Judicature Act 1964 (Act 91)
• Subordinate Courts Act 1948 (Act 92)
• Specific Relief Act 1950 (Act 137)
• Government Proceedings Act 1956 (Act 359)
• Evidence Act 1950 (Act 56)