Pre Trial Case Management

Case Management was introduced under Rules of Court 2012, to achieve the
dual objectives of fair and efficient disposal of legal proceedings, thereby
avoiding unnecessary delays and waste of court time and resources. It
should be noted, that case management was not present prior to 2012. As
Malaysian Courts was handling unreasonable amount of back log in cases, it
introduced case management to combat this matter.

In Case Management, the Benchs knowledge of manner would assist counsel

to develop a comprehensive and meaningful strategy to best advance the
interests of their clients. Case management thereby provides counsel an
opportunity to effectively present the clients case at an early stage and
secure an advantage in terms of how the proceedings are to be conducted
and disposed of.

There are two cases that highlight in regards the new system of Case
Management in Malaysia.

On the scope of application of the new enlarged provision of O 34, we would

refer to the case of Sunway PMI-Pile Construction Sdn Bhd v
Pembenaan Chan & Chua Sdn Bhd [2002] 7 MLJ 538 wherein
Selventhiranathan J in delivering the judgment of the High Court at p 545
said:
The present O 34 was introduced by amendments to the RHC vide
PU(A) 342/2000, which came into effect on 22 September 2000. The
amendments made extensive changes to the procedure to be followed
before the trial of an action. They envisage the court taking a
proactive role in setting down time-frames and giving directions as to
the preparation of each partys case for the purposes of the trial, while
enabling the court to impose sanctions for non-compliance with those
directions.

An early recognition of this new regime under O 34 where the court takes a
proactive role in moving the pace of litigation was made by the Federal
Court when His Lordship Mohd Noor Ahmad FCJ observed in obiter in Tan
Geok Lan v La Kuan @ Lian Kuan [2004] 3 MLJ 465 at p 473, as follows:
The significance of this procedure is that it marks a change from the
traditional position under which the progress of cases was left largely
in the hands of the parties. Now, under the procedure the court
controls the progress of cases by the exercise of its powers given to it
to enable it, and not the parties, to dictate the progress of cases at the
pre-trial stage, ensuring that the practices and procedures applicable
during that stage are complied with promptly and not abused.
There are currently two important sources of law in guiding an effective
Case Management. They are provided respectively under Rules of Court
2012 and under Arahan Amalan Hakim Besar Malaya 2/2014.

First source is provided under Order 34 of the Rules of Court 2012. The
order provides that the court may direct the parties for a pre-trial case
management at any time before any action or proceedings are tried,
pursuant to Order 34 rule 2.In accordance to Order 34 rule 3, it states that by way of notice
in the Form 59, all parties shall be informed of the date and time for the holding of the pre-trial
case management and in need of compliance. On failure, to appear before the court, the action
may be dismissed or being struck off or being adjourned. During a case management, the parties
may appear in person or be represented by a solicitor as provided under Order 34 rule 4. Under
Order 34 rule 5, it provides that a pre-trial case management may be adjourned from time to
time, either generally or to a particular date, as may be appropriate.

Second source is provided under Arahan Amalan Hakim Besar Malaya

2/2014, which the roles of the judge and counsel in case management in
each case management were mentioned. For instance, the first case
management must be conducted within 30 days after filing of writ.

Reference:

Arahan Amalan Hakim Besar Malaya 2/2014, Retrieved on 15th March, from
http://library.kehakiman.gov.my/digital/Pekelilig,%20Surat%20Pekeliling%20&%20Surat-Surat
%20Penting%20HBM/2014/Arahan%20Amalan%20Hakim%20Besar%20Malaya%20Bil.
%202%20Tahun%202014.pdf