Malaysia legislation
Section 19K
Section 19K
Prior to the Minister making rules to prescribe the procedure of the Tribunal, the following procedures shall apply -
(a)
a party who intends to file a claim (hereinafter called the “claimant”) with the
Tribunal shall give a notice of the claim to the other party (hereinafter called the
“respondent”) in a prescribed form issued by the Tribunal;
(b)
the claimant upon filing a notice of claim with the Tribunal shall state the grounds of his claim and attach therewith all documents and evidence in support thereof;
(c)
the Tribunal may direct the claimant to submit within two weeks all documents and correspondences to substantiate the claim;
(d)
the Tribunal may direct the claimant to give written statement to substantiate his claim and may direct a copy thereof to be extended to the respondent;
(e)
the Tribunal may allow amendments to be made to the grounds of the claim or statement before the hearing and a copy thereof shall be extended to the
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respondent;
(f)
within a period of time to be determined by the Tribunal, the respondent shall communicate his statement of defence in writing to the claimant and the Tribunal;
(g)
the respondent may enclose together with the statement of defence documents on which he lies on for his defence;
(h)
the respondent may make a counter-claim arising out of a sale and purchase agreement;
(i)
the Tribunal shall fix a hearing date and inform all parties concerned with necessary directions;
(j)
the hearing may be by way of written statement which may contain facts and law or orally or a combination thereof;
(k)
the Tribunal may allow expert witness to be called and such cost shall be borne by the party who called the witness;
(l)
the Tribunal may hear and determine the claim before it, notwithstanding the absence of any party to the proceedings, if it is proved to the satisfaction of the
Tribunal that a notice of the hearing has been duly served on the absent party;
(m)
the law of evidence shall not be applicable in a hearing before the Tribunal;
(n)
the Tribunal shall give its reasons in writing for its award within a period of two months after completion of the hearing;
(o)
no costs shall be awarded to either parties;
(p)
the Tribunal may award interest not exceeding eight percentum per annum;
(q)
before the Tribunal makes an award, it may refer any question of law of public importance to the High Court which has not been previously decided by any court and such question of law shall be accompanied by a summary of facts of the case and the Tribunal shall give its legal opinion regarding the question of law;
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(r)
the decision of the High Court shall be binding on the parties and the Tribunal shall make its award in conformity with such decision;
(s)
one copy of the reference shall be served on the State Attorney-General and he may assist the Court in the reference;
(t)
any person who appears as a witness during a hearing is required to take an oath before the Tribunal;
(u)
the Tribunal may generally direct and do all such things as may be necessary or expedient for the expeditious determination of the hearing;
(v)
the hearing of the Tribunal shall be open to the public;
(w)
the Tribunal may, at the conclusion of the proceedings, order that any document, record, material or other property produced during the proceedings be delivered to the rightful owner or be disposed of in such manner as it thinks fit.
Fee for filing a claim.