Patrick Palace on LinkedIn: Want to know the secret to running a board efficiently and effectively?… (2024)

Patrick Palace

Managing owner at Palace Law

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Want to know the secret to running a board efficiently and effectively? Patrick Palace talks with judges Dana Tippin Cutler and Keith Cutler, the power house couple of the popular TV court room series, Couples Court with the Cutlers, who share their top three tips! Catch more intriguing conversations from the national conference of bar presidents in Chicago! #LEADERSHIP #BoardroomSecrets #PersonalInjury #NCBP2024 #law #legal #workerscompensation

Want to know the secret to running a board efficiently and effectively? Patrick Palace talks with judges Dana Tippin Cutler and Keith Cutler, the power... | By NCBP National Conference of Bar PresidentsFacebook facebook.com

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  • Raja Kumar Raja Kandan

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    The buzz around the recent Court of Appeal case of Aliff Syukri bin Kamarzaman v Mohamad Syazwan bin Shuhaimi raises an important question on the mandatory requirements of filing a Memorandum of Appeal pursuant to Rule 18 (7) of the Rules of Court of Appeal 1994 (RCOA). The appeal before the Court of Appeal originates from an interlocutory order obtained by the Respondent/Plaintiff against the Appellant/Defendant in the High Court. Whilst brief grounds of judgment were provided on the date of the High Court Decision, parties agreed to proceed with the appeal without the full grounds of judgment. The Memorandum of Appeal was only filed by the Appellant/Defendant three (3) weeks prior to the hearing date of the Appeal (together with a Supplemental Record of Appeal) – without leave of Court. The Respondent/Plaintiff raised a preliminary objection on grounds that the memorandum of appeal was filed out of time.The Appellant/Defendant argued, amongst others, that the memorandum of appeal may only be filed once the grounds of judgment is obtained - relying on r18(7A) of the RCOA - even though their arguments may not be applicable to the facts of the instant case. The Court of Appeal however agreed with our submissions that r18(7A) of the RCOA does not, in any event, provide for an exception to the mandatory requirements to file the Memorandum of Appeal within 90 days of the date of the decision appealed against as set out in r 18 (7) of the RCOA. One must remember that an appeal record that does not contains a memorandum of appeal is not in order and renders the appeal incompetent, defective and liable to be struck off. At the dawn of the new year, on 4.1.2024, before a panel of 3 esteemed Federal Court Judges, the Federal Court agreed with us and unanimously dismissed Aliff Syukri’s application for leave to appeal to the Federal Court - thus reaffirming the Court of Appeal’s decision pertaining to the mandatory requirements to file the Memorandum of Appeal together with the Record of Appeal regardless of whether the grounds of judgment is available or otherwise.Happy to facilitate a discussion over “teh tarik” and/or celebrate these small wins over beers :)

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Patrick Palace on LinkedIn: Want to know the secret to running a board efficiently and effectively?… (2024)
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