Monday, January 14, 2019

Critical Thinking (Part 3)

Here is an email to the CJ of Sarawak and Sabah. Please read the attachments below the email. Let us use this to have a discussion on critical thinking. Let us share all our thoughts on  the following matter. Write whatever comes to mind.

Dear Chief Judge Datuk David Wong Dak Wah,

Request for sealed judgment

I have tried in vain to get a copy of the sealed judgment from the High Court here in Kota Kinabalu.
I would be grateful if you could please let me know what I can or should do to get hold of the sealed judgment of a case I was involved in.

Here are the details.

The case is Suit no. BKI- 22NCvC-122/11-2015 (HC2). UG Management Services Sdn Bhd vs Salcon Engineering Berhad.

I was employed by UG Management Services Sdn Bhd, from around May 2014 to December 2014 to prepare reconciliation between the accounts of UG Management Services and Salcon Engineering Berhad. Along with the reconciliation I also prepared additional variation claims. I was paid for services rendered and I left the employ of UGMS.

Salcon did not accept the claims of the variation orders which then prompted UGMS to take legal action against Salcon. Mr.Goh Su Khung, Advisor to UGMS who employed me to do the reconciliation, approached me in or around February 2015 and asked to help with explaining the variation claims to lawyers he intended to retain to take legal action. Mr. Goh Su Khung said that he will pay me 30% of whatever is received from Salcon, less legal fee paid to his lawyer, as fee for my services. I accepted his offer and did as ordered by him.

We approached 5 lawyers and finally settled on Alex Siew and Co.

I met with Mr.Alexander Siew of Alex Siew and Co several times to brief him on the case.
Mr.Goh was in constant touch with me and accompanied me to some of the meetings with the lawyers. He stopped responding to my telephone calls once I had prepared my rebuttal to Salcon’s defence. Many attempts to contact him subsequently were in vain.

Recently I heard the court case has been settled.

A lawyer, I approached, asked me to get a copy of the Sealed Judgment before he can proceed with filing the case in court to take legal action against Mr.Goh and UGMS for fee unpaid to me as proposed by Mr.Goh as advisor of UGMS.

On 5.12.2018, I went to the courthouse and requested for the sealed order/ judgment. The clerk at the counter checked with an officer who returned my letter with the words ‘If not party to the case above, cannot extend a copy. Advise to engage counsel to get file.’   Refer attachment 1.

On 11.12.2018 I engaged a lawyer (counsel) and presented a letter from the lawyer to the courthouse. I was told that I will get a telephone call asking me to collect the document.    Refer attachment 2

After a few days and not receiving any telephone call, I telephoned the court house and was passed from one officer to another and the fourth officer told me that she cannot find my letter in the system.
She said she will telephone me back. The time was around 3 pm. 

Not receiving any return call I telephone the officer the following day and was told that she cannot
hand over the sealed documents to me and will reply my lawyer directly.

As of 8.1.19 my lawyer said that he has not received any letter in response to his letter sent to the courthouse.

On 9.1.2019, I emailed Mr.Alexander Siew of Alex Siew & Co and requested the sealed copy. I telephoned him several times and was told that he is not in the office.

I telephoned him again on 10.1.2019 and was told that he is not obliged to give it to me. I requested for a response in writing to which he responded that he is not obliged to reply my email. He further added that he does not want to be implicated in any way. My emails to him are in Attachment 3

Tuan, I beg you to give me a solution to my predicament. 

My lawyer wants a copy of the sealed order/judgment. The courthouse will not extend me a copy and neither will the lawyer who handled the case. I need your advice on how to go about getting the sealed order/judgment.

Thank you and kind regards,
Luqman Michel
CC Registrar -
CC  Deputy Registrar of Kota Kinabalu High Court (By hand)

Attachment 1
The photo I took does not come out clear and I have transcribed it below followed by the photo.

Deputy Registrar,
High Court
Kota Kinabalu

Luqman Michel
21,Golf Garden,
Kota kinabalu

Re: Sealed order for BKI 22NCvC -122/11-2015 (HC2)

I would be grateful if you could please provide me the sealed order/judgment of the High Court for the above mentioned case.

Thank you and kind regards,
Luqman Michel
i/c 520404055139

Attachment 2

The Deputy Registrar
High Court 2
Kota Kinabalu Court Complex,
Kota Kinabalu

Dear Sir,

Re: Suit no. BKI -22NCvC -122/11-2015 (HC2)
       UG Management Services Sdn Bhd Vs Salcon Engineering Berhad
We act for Encik Luqman Michel (NRIC No. 520404-05-5139) who is interested in the final judgment of the court in the above suit.

As instructed by our client, we hereby request to be supplied with a copy of the sealed judgment.
Kindly hand over the same to him who will pay whatsoever charges payable. Your co-operation will be very much appreciated.

Thank you,

Yours faithfully,

Ho Kin Kong
Rolls no.173

c.c Client

Attachment 3

These are the two emails I sent to Mr.Alexander Siew of Alex Siew and Co.

Re: Sealed Judgment
luqman michel 
To:Alex Siew & Co.
9 Jan at 10:30

Dear Mr. Alex Siew,
I would be grateful if you could please give me the sealed judgement
of the case between UGMS and Salcon Engineering Berhad. The suit no. is
BKI-22NCvc-122/11-2015 (HC2).

I called your office and was told you were not in. I will call you later today.

I wish you the best for 2019.
Luqman Michel

 A second email to record my telephone conversation with Mr.Alexander Siew since he did  not want to reply my email for fear of being implicated.

Our telephone conversation this morning

luqman michel 
To:Alex Siew & Co.
10 Jan at 15:19

Dear Mr.Alex Siew,

This email is just to record what transpired in our telephone conversation this morning.

You had said that you are not obliged to extend me a copy of the sealed judgement as requested by me in my email yesterday. (see email below).

I then requested for a response in writing to my email yesterday to which you said that you are not obliged to respond to my email.

Thank you and kind regards,
Luqman Michel


Luqman Michel said...

One of the many questions I have in mind is based on the statement; "the fourth officer told me that she cannot find my letter in the system".

Why was my statement not in the system?
The letter I submitted has a stamp on it signifying acknowledgement of receipt of document.

Luqman Michel said...

I was asked by the court to come and collect the certified copy of the judgment and I was told that I would have to pay Rm4. I went there this morning and was told that to get the copy my lawyer must make a search and then request for a certified copy. I have telephoned my lawyer and he said he will get a search done. Meanwhile, I asked for something in writing from the court but was told that they cannot oblige. Beginning to feel something amiss. Why is this as difficult as it is? I will have to dig into this just like I had to dig into the Lion Club's case.

Luqman Michel said...

Another matter that a critical thinking person may have asked is; Why did Mr.Alexander Siew of Alex Siew and Co say that he does not want to give the copy of the order/judgment because he does not want to be implicated?

How will he be implicated? At the point he mentioned that he does not want to be implicated I had not as yet mentioned that I am considering taking legal action against UG Management Services Sdn. Bhd and Mr.Goh Su Khung.

I am beginning to believe that there is more to this than meets the eye.Now, I have to think more deeply as to why all these drama.

Luqman Michel said...

My probing has got me into something even more than I wanted to do. I will start writing in another blog as this is reserved for shut down kids. Please look at
commencing tomorrow.

Luqman Michel said...

I went to ROC yesterday to get some information about the company - UGMS. Unfortunately, the whole block where ROC is located was off-line since 16.1.2019.