Malaysia legislation

Section 114

of STRATA MANAGEMENT ACT 2013

Section 114

Determination of rules and procedure

(2)

The powers conferred upon the Tribunal under subsection (1)

shall include the following:

(a)

to determine when and where any part of the proceedings is to be held;

(b)

to determine the language or languages to be used in the proceedings and whether translations of any relevant documents are to be supplied;

(c)

to make interlocutory orders;

(d)

to determine the relevancy, admissibility and weight of any evidence without being bound by the rules of evidence under the Evidence Act 1950 [Act 56];

(e)

to draw on its own knowledge and expertise;

Act 757

(f)

to order the provision of further particulars in a statement of claim or statement of defence;

(g)

to order the giving of security for costs;

(h)

to make an on-site inspection of the building or land which form the subject matter of the claim;

(i)

to order samples to be taken from, or any observation to be made of or experiment conducted upon, any parcel or common property or limited common property which is or forms part of the subject matter of the claim;

(j)

to order the discovery and production of documents or materials within the possession or power of a party;

(k)

to order the preservation and interim custody of any evidence for the purposes of the proceedings;

(l)

to order the interrogatories to be answered;

(m)

to order that any evidence to be given on oath or affirmation; and

(n)

to summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the Tribunal in its deliberations.

(3)

A summons issued under paragraph (2)(n) shall be served and enforced as if it were a summons issued by a court.

Hearings