Gelabah

I was assigned to do some research regarding one case that the matter has been brought to the Court of Appeal. Unfortunately, the judge had reversed the judgment made by the High Court judge although the matter not in the Notice of Appeal. That's mean my bos had appealed to part of the case only and not for the entire case which there is no contract between the parties but stil the HC judge awarded damages to the opposite party. Brought to the COA for the damages and it becomes worse as the judge found out tht there is an existence of contract between the parties which is not good for us.

It makes me do the research for the whole day last friday and what i found is still against us as the judge had inherent jurisdiction to reheard the matter as if it is the first time the case been brought to the court. What i don't understand and not agreed upon is why there is Section 5 of the COA Rules that the appellant must fullfill the notice whether to appeal for full or part of the case only but at the end still the judge had the power to reheard the case all over again.

With the help of you-know-who =) i found one case regarding this matter where the judge of the view that the appellate court cannot interfere with the findings of facts. It is impossible for COA to intervene plus susbstitute fresh findings which has been decided by the trial court before.But again in another case stated that the judge may interfere if it affects the interest of the other party. So how?? I guess its all rely solely on the facts itself.  The matter will be brought to the Federal Court on Wednesday and hopefully there is some mercy shows for us.

Another interesting case tht i had involved was held in the Bar Council bcoz my bos had been appointed to act as the Chairman for this case. It was a case regarding the clerk in the law firm who acted as a lawyer. Another lawyer finally figured out that he is not a certified lawyer and all the claims and the letters has been terminated by the judge. All the panels in giving their judgment (i was there also =) remind each other tht such cases might happen and therefore don't trust any lawyers....theheheh KIDDING!! bcoz having said tht, the clerks who has worked for about 5-10 years, they knw a lot about how to get things done, their salary can reach RM3-4k also. Surprise kan?? They know how to write a letter, how to communicate with client, how to process the file and making fair of it. Trust me, they know a lot!! and without them, I dont think a law firm can run well. So lets celebrate Clerk's Day!! =p

I've been trying to adapt this new life of mine. Hopefully it can suits me well. I dont like pressure and I cant do anything in this kindda situation. But I heard thats the challenged i will face sooner or later. The petition yet to be filed sometimes around next week. You are a future lawyer, so act like one plz... theheeh!!

p/s: Italy ke, Spain ke, France ke, M'sia?? ado!!!