Civil and commercial litigation

It depends mainly on the amount claimed. In Peninsular Malaysia, the Magistrates' Court generally hears claims up to RM100,000, the Sessions Court claims up to RM1 million, and the High Court claims above RM1 million. The High Court also hears certain matters whatever the amount, such as many injunction and company applications. Appeals go to the High Court, the Court of Appeal and, with leave, the Federal Court. Naidu Chambers in Bangsar, Kuala Lumpur acts in civil courts throughout Peninsular Malaysia.

Under the Limitation Act 1953, claims in contract and in tort must generally be brought within six years from the date the cause of action arose. There are exceptions, including shorter time limits and notice requirements for claims against public authorities under the Public Authorities Protection Act 1948, and special rules for some negligence claims where the damage was not discovered at first. Because the starting date can be technical, a lawyer should confirm the time limit for your situation early.

Yes, in suitable cases. The High Court can grant interim injunctions, including freezing (Mareva) injunctions to stop a party disposing of assets, and orders to preserve evidence. The applicant must usually show a serious question to be tried and that the balance of convenience favours the order, and must give an undertaking to pay damages if the order turns out to have been wrongly granted. Applications can be made at short notice where the facts justify it.

It varies with the court, the complexity of the dispute and whether there are appeals. The courts manage cases actively through case management dates. Some claims can be decided early through summary judgment under Order 14 of the Rules of Court 2012 where there is no real defence; contested trials and appeals take longer. Naidu Chambers gives each client a realistic estimate at the start and updates it as the case develops.

Most civil disputes can be settled at any stage, before or after a claim is filed. Malaysian courts encourage settlement and may refer cases to mediation, including at the court's own mediation centre. A settlement can be recorded as a consent judgment, which can be enforced like any other judgment.

A judgment can be enforced in several ways, including seizure and sale of the debtor's property, garnishing money owed to the debtor (such as bank balances), charging orders over land, and bankruptcy proceedings against individuals or winding-up proceedings against companies.

The contract or other key documents, the main correspondence (including any letter of demand or court papers), a short timeline of events, and the names of everyone involved. Naidu Chambers in Bangsar, Kuala Lumpur will review these and explain the options.