Friday, June 02, 2006

Trial of the year?

Shafee Abdullah, Cyrus Das, Tommy Thomas and Cecil Abraham are the top guns in Malaysia’s commercial litigation.I just don’t understand whats the big fuss about Cherie not being given leave to appear in our Federal Court.Just let her appear lah! Whats the fear anyway, plus it’s the solicitors themselves who said that Cherie isnt too well verse with commercial law.So why so takut?


For those in the unknown, Cherie Blair QC is the wife of the PM Tony Blair and she is one of the top barristers in the WORLD!


It would have cost Fawziah Holdings at least around RM4000 per hour for Cherie to represent them!


Actually, people should be more concerned about who is this Fawziah Holdings that Cherie Blair is even considering to come all the way down from London to represent the company! J


Im looking forward to go back for such a show in the Federal court! Maybe KPUM (www.kpum.org.uk) should tag along.


Choo Kean, what say you?







From: Firdaus [mailto:wmfirdaus@hotmail.com]

Sent: Thursday, June 01, 2006 3:42 AM

To: 'Malaysian_lawyers@yahoogroups.com'

Subject: Trial of the year??

Importance: High




Wow! That’s what I call the trial of the year! Shafee,Cyrus,Tthomas and Cecil! Why wont they have Cherie on board? Im sure neither of the quartet would have any problems isnt, after all, she isnt the best anyway for commercial lit, ( or so they say below J ) Can we not tape this trial for usage in law school?


Datuk Muhammad Shafee Abdullah is acting for Metramac, Das for Fawziah Holdings, Tommy Thomas for Halim and Datuk Cecil Abraham for Daim.


Senior federal counsel Datuk Umi Kalthum Abd Majid will appear for the A-G's Chambers



Nation



Cherie Blair faces objections


By CHELSEA L.Y. NG, M. MAGESWARI and CECIL FUNG


PETALING JAYA: No way, Cherie!


That is the reaction of the Attorney-General’s Chambers and all other parties involved in the Metramac legal saga towards Cherie Blair's application to appear in our Federal Court in two weeks.


It is learnt that the chambers has filed an objection against Blair’s application on the grounds that her expertise is “not unavailable” here. The papers were filed at the Appellate and Special Powers division of the High Court yesterday afternoon.


Toll concessionaire Metramac Corporation Sdn Bhd, which was ordered by the Court of Appeal on Jan 12 to pay Fawziah Holdings Sdn Bhd RM65mil for loss of advertising rights, filed a similar objection on Tuesday.


Businessman Tan Sri Halim Saad also filed an objection yesterday. It is learnt that former finance minister Tun Daim Zainuddin will be filing his objection today.


Attorney-General Tan Sri Abdul Gani Patail said his Chambers had been served with the application to admit the wife of the British Prime Minister as an advocate and solicitor here for construction firm Fawziah Holdings Sdn Bhd on an ad hoc basis.


“We will appear in court this Friday (tomorrow) and we are making an application,” he said when contacted yesterday.


Bar Council chairman Yeo Yang Poh said the body had also been served with a copy of Blair’s application.


“We are still studying it and we will provide our view on Friday. We will study it objectively. The fact that she is somebody famous will not be a factor,” said Yeo.


In their originating motions, Metramac and Halim said Blair did not fulfil the requirement of the Legal Profession Act 1976 as she did not possess the “special qualifications or experience” with regard to the matter.


“It is indeed preposterous for the respondent to now contend that it needs the assistance of a Queen’s Counsel (QC) from the United Kingdom to argue issues which it considers trite law,” said lawyer Peter Justin Skelcy of Cheah Teh & Su, the solicitors for Metramac.


“I state that although the applicant does possess impressive credentials and is an eminent QC, she does not specialise nor has she distinguished herself in the particular areas of law that will be adjudicated upon before the Federal Court.”


Skelcy added that there were ample senior counsel in the country with the skills and expertise necessary to advance Fawziah Holdings’ case in the Federal Court.


“Datuk Dr Cyrus Das (Fawziah Holdings’ lead counsel) is an experienced senior counsel and frequently appears before the Federal Court and the Court of Appeal,” he said in an affidavit supporting the motion.


Halim’s lawyer Jason Wee Heng Loong said in an affidavit that as far as Blair’s experiences in commercial cases were concerned, “she seems to have only appeared in seven reported cases, hardly an outstanding achievement for a barrister of 30 years' standing and a QC of 11 years' standing.”


He contended that Blair had no special qualification and experience on Indian case laws, something which Halim would rely on in his application before the Federal Court to expunge all references made against him in the Jan 12 Court of Appeal judgment.


On June 14, the Federal Court will hear the final appeal by Metramac against the Court of Appeal order.


The Federal Court will also hear applications by Daim and Halim on the same day to expunge all references made in relation to them during the handing down of the Court of Appeal judgment.


Datuk Muhammad Shafee Abdullah is acting for Metramac, Das for Fawziah Holdings, Tommy Thomas for Halim and Datuk Cecil Abraham for Daim.


Senior federal counsel Datuk Umi Kalthum Abd Majid will appear for the A-G's Chambers


1 comment:

Anonymous said...

very interesting news. :) - faren