1 LWIJUN 2016/LAWS47/602 UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION CONFIDENTIAL f COURSE ADVANCED CIVIL PROCEDURE I/ CIVIL PROCEDURE | COURSE CODE : LAWS47/602 EXAMINATION : JUNE 2016 TIME : 3HOURS INSTRUCTIONS TO CANDIDATES 1 ‘This question paper consists of FOUR (4) questions 2 ‘Answer ALL questions in the Answer Booklet. Start each answer on a new page. 3 Candidates are only allowed to bring into the examination room the (unannotated) ji) Rules of Court 2012 4. Candidates are not allowed to bring any materials other than those allowed by the invigllator into the examination room. 5. Please check to make sure that this examination pack consists of: ') the Question Paper ii) an Answer Booklet - provided by the Faculty 6 Answer ALL questions in English. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO $0 This examination paper consists of 4 printed pages (© Hak Cipta Universiti Teknolog! MARA CONFIDENTIAL,CONFIDENTIAL, 2 LWIJUN 2016/LAWS47/602 QUESTION 1 ‘On 20 August 2012 Sasha, while boarding a Keretapi Tanah Melayu (KTM) commuter train, was badly injured due to the negligence of the KTM staff in the operation of the train. The full extent of her injuries was only discovered last month after a lengthy series of medical examinations. Sasha now wishes to sue KTM for compensation. Sasha was bom on 20 August 1996. Consider whether Sasha would face any procedural impediment if she were to bring the action today. (18 marks) QUESTION 2 John was the pillion rider of the motorcycle ridden by his brother, Alfred, when the said motorcycle collided with a motor car driven by one Ah Chong. John was injured in the collision and has since filed an action in negligence against Ah Chong. Following the filing of his defence, Ah Chong has filed an application to join Alfred as the second defendant. His application is based on the contention that Alfred contributed to the collision and that any finding of liability should be apportioned equally. Answer the following: a) Explain the legal criteria on which Ah Chong’s application for joinder could be considered by the court. (8 marks) b) Assume you act for John. With reference to established case law, what arguments would you put forward in opposing Ah Chong's application? (12 marks) QUESTION 3 Harish has filed a writ action against Artfunk Sdn Bhd for breach of copyright of certain computer programs he had developed. Consider the following separate and independent matters concerning the above suit. @) _Harish’s writ against Artfunk Sdn Bhd is endorsed with a claim for an injunction. ‘The writ was served on Artfunk on 15 May 2016. No appearance was filed by Artfunk within the prescribed period provided under the Rules of Court. Harish proceeded to enter judgment in default on 20 June 2016. ‘Advise Artfunk Sdn Bhd on the legal status of the above judgment and what, if any, steps it can take (outline the procedure) with respect to it (10 marks) (© Hak Cipta Universit Teknologi MARA, CONFIDENTIALCONFIDENTIAL, 3 LWAJUN 2016/LAWS47/602 b) Assume that Artfunk Sdn Bhd had filed its appearance on 20 May 2016. Harish has proceeded to file an application for summary judgment pursuant to Order 14 Rules of Court 2012. The hearing of the application is fixed for next week. Artfunk wishes to oppose the application and obtain leave to defend the action but it contends that itis not able to formulate a triable issue at this stage because all the relevant documents and evidence concerning the matter are in the possession, custody and control of Harish and that Artfunk would need disclosure of these documents before it could properly raise a defence. With reference to the relevant provisions of the Rules of Court and case law advise Artfunk whether there are any, and if so, what circumstances where the court may give leave to defend in the absence of any clear triable issue shown by the defendant at the hearing of the Order 14 application. (12 marks) QUESTION 4 The following is a statement of Donald Tham, who was injured in a motor vehicle accident. "The accident occurred near the police headquaters along Jalan Chemas, Shah Alam on 20 May 2012. | was driving a Jaguar XF motor car. Its registration number is JXF 10. | had left my home at No 40, Jalan Harimau, Petaling Jaya to attend a function in Shah Alam. it was about 8 p.m. It was raining heavily and the road was wet. | went along the Federal Highway ‘and was soon on Jalan Chemas in Shah Alam. When I was near the police headquaters, | noticed a Hundai motor van coming in my direction at a great speed. Suddenly, without any warning, the van came into my path and rammed into my car. Both the vehicles were badly damaged. | noted that the registration number of the van was HY 222. My search with the RIMV revealed that the registered owner of the lorry was Suppository Sdn Bhd, a company dealing in medical products. The police confirmed that at the time of the accident it was driven by one Mike Laju who is an employee of Suppository Sdn Bhd. | tried to find out his address at the office of Suppository but was told that he is a citizen of Singapore and that he had gone back to live in Singapore. | managed to obtain his address which is No 2, Kiasu Street, Singapore. As a result of the accident, | suffered a great deal. | was hospitalised for 90 days. | had a comminuted fracture of the right femur and also a compound fracture of the right humerus. | also had a fracture of my 3rd and 4th ribs. | incurred medical bills of RM80,000 and about FM10,000 for follow-up check-ups at the hospital. The repairs to my car cost RM80, 000. | also lost two month's pay of RM40,000 as my employer paid me only for the first month of stay in hospital.” ‘Answer the following: @) Consider whether an action could be brought against Mike Laju, the driver of the motor van, and if so, the steps necessary to be taken to commence proceedings against him. (10 marks) ‘© Hak Cipta Universit Teknologi MARA CONFIDENTIALCONFIDENTIAL, 4 LWIJUN 2016/LAWS47/602 b) an established rule that a point not pleaded may not be raised at the trial With the aid of decided cases; discuss the situations where the courts are prepared to depart from the above rule. (10 marks) c) Draft a statement of claim for Donald Tham. (20 marks) END OF QUESTION PAPER (© Hak Cipta Universit Teknolog! MARA CONFIDENTIAL