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P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Pengurusan Kes Sebelum Perbicaraan Penuh
I. DEFINITION OF PTCM
A. DR MIZAN’S ARTICLE:
1. meeting between the judge and the parties (the Plaintiff and the Defendant).
The parties are usually represented by their solicitors in the meeting. The main
purpose of the meeting is to try resolving some or all „housekeeping matters‟ before
going to trial.
2. Example: parties may want to make amendments to their cause papers or file
a separate interlocutory application for security for costs, or apply for court to allow
it to gather evidence by way of discovery and inspection against the opposing
parties. These are merely ancillary matters which are not directly connected to the
main dispute between the parties, but are necessary to be resolved in order to
ensure the efficient progressing of the case. Hence, to avoid disrupting the flow of
progression of the main case, and to prevent parties from making frivolous
interlocutory applications as tactical strategy to prolong or delay the trial process,
the courts will utilize the case management session as mechanism to screen these
B. NO DEFINITE DEFINITION BUT USUALLY TO HAVE SEVERAL ATTRIBUTES
1. constant judicial supervision over the management of the case,
2. early court involvement in the said management,
3. properly scheduled durations & deadlines for each step in civil litigation
4. continuous monitoring to ensure compliance, and
5. fixed dates for trial sessions with strict restrictions on postponements.
II. WHY PTCM IS NECESSARY?
A. TAN GEOK LAN V LA KUAN @ LIANKUAN 
1. PTCMmarks a change from the traditional position under which the progress
of cases was left largely in the hands of the parties.
2. 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.”
B. KESAN BILA X DE PTCM : SUNRISE WEST SDNBHD&ORS V PRAVIN
MAHTANEYRAMCHAND& ANOR 
Facts the court papers were not properly presented by the parties despite clear case
management directions and notes.
For example, there was no bundle of pleadings filed, no agreed facts, no appropriate
resolutions to commence proceedings etc.
Held The court expressed its displeasure and disappointment with the parties stating that when
basic facts are not agreed upon before commencement of trial or the dispute in relation to
the agreed facts are not brought to the attention of the judge to enable the court to
understand the crux issue of the case, it become difficult and challenging at trial for the
matter to be resolved.
III. 034 , R1
The court under Order 34 Rule 1(1) of the Rules of Court 2012 may
by its own motion direct the parties to the proceedings to appear before the court and
the court may order or give direction as it think fit so that all matters which must be or can
be dealt with on interlocutory applications and have not already been dealt with may so far
as possible be dealt with and such directions may be given as to the future course of the
action as appear best adapted to secure the just, expeditions and economical disposal of
IV. FUNGSI PTCM
A. ARAHAN UNTUK PENYELESAIAN SECARA MEDIASI / PENGANTARAAN
Aturan 34 Kaedah 2(2)(a)
(2) At a pre-trial case management, the Court may consider any matter including the possibility of
settlement of all or any of the issues in the action or proceedings and require the parties to
furnish the Court with such information as it thinks fit, and the appropriate orders and directions
that should be made to secure the just, expeditious and economical disposal of the action or
(a) mediation in accordance with any practice direction for the time being issued;
1. Selari dengan Practice Direction No 5 of 2010
2. Also known as “Court Annexed Mediation” : sbb registrar jadi mediator
3. Benefits settling disputes by way of mediation :
Parties are able to
explore all options
and common grounds
may be identified;
are restored and
Terms agreed upon
would be acceptable
to both parties;
No delays in court
Terms of settlement
4. Jenis-jenis kes yang dirujuk untuk “Court Annexed Mediation”
a) Kes keluarga (Family cases)
b) Kes kemalangan jalanraya (Running Down Cases)
c) Tuntutan pinjaman bank (Bank’s loan recovery cases)
d) Kes pembinaan (Construction cases)
e) Kecuaian perubatan (Medical Negligence Cases)
5. Agreement to Mediate : Borang 1 Practice Direction No 5 of 2010
6. Tempoh masa penyelesaian: 3 bulan dari tarikh dirujuk untuk mediasi
B. ARAHAN PENYEDIAAN DOKUMEN PERBICARAAN – O. 34 R. 2(2)(B) – (T)
• Ikatan Pliding (writ, pliding)
• Ikatan Dokumen Bersama (Bahagian A, B dan C)(b)
• Penyataan Fakta Yang Dipersetujui
• Penyataan Isu-isu untuk Dibicarakan
• Ringkasan Kes Plaintif dan Ringkasan Kes Defendan
• Senarai Saksi(f)
• Penyata Saksi (Witness Statement)
1. require the party to furnish the court with such information as directed by the
court and file bundle of pleading and bundle of all documents.
2. In relation to the bundle of document the court may direct the parties to
separate the bundle of document where the contents is not disputed with the
3. direction for parties to file statement of agreed facts and statement of issues
to be tried, to exchange and file their lists of witness, exchange and file of witness
statements of all witness who may give evidence at the trial.
4. direction in relation to the number of witness and expert witness and
estimation on the length of trial and fixing of the date for trial.
5. All in all, court monitor the preparatory measures in gathering documentary
evidence and arrangement of the documentary evidence, preparation in relation to
witness and other relevant interlocutory applications. The trial date will be
determined once all directions given during the Pre-Trial Case Management have
been complied with and the parties are ready for trial
C. PEMBERITAHUAN PENGURUSAN KES SEBELUM BICARA
Pre-trial case management when directed by the Court (O. 34, r. 2)
2. (1) Without prejudice to rule 1, at any time before any action or proceedings are tried, the Court
may direct parties to attend a pre-trial case management relating to the matters arising in
the action or proceedings.
1. Genisys Integrated Engineers Pte Ltd (suing on behalf of UEM
GenisysSdnBhd in a representative/derivative capacity) v PatiSdn Bhd
a) Kes utk strike out jugak, ground ke 3
b) Kes ni illustrate kesan sblm o. 34 ada, litigants mmg suka delay
Facts Kes mula tahun 2003
2005- pl diperintahkan amend writ sbb kena tukar nama parti tapi pl x buat2
2007- pl sought leave from the court to substitute UEM Genisys as the plaintiff and
leave was granted by the court on 4.2.2008– tapi x buat2 jugak
2012 – minta extension of time nak file amended writ
So defendan had applied at the case management stage, to strike out the case of
the plaintiff on the ground of want of prosecution.
Held it had inherent jurisdiction to strike out any cause any justifiable reasons esp bila case ni
dah didengarkan masa PTCM under order 34 requires the court to deal with such issues at
case management stage itself to ensure just, economical and expeditious disposal of the
V. KEHADIRAN & KEGAGALAN HADIR KE PTCM SEBELUM BICARA
Attendance at pre-trial case management (O. 34, r. 4)
4. The parties to the action or proceedings may be represented at the pre-trial case
management by their solicitor, if any, but may, if they so desire, with the leave of the Court,
attend the pre-trial case management personally, at the time originally appointed or as adjourned,
in addition to their solicitor.
Failure to attend (O. 34, r. 6)
(1) If, at the time appointed for the pre-trial case management, any party fails to attend, the
(2) An order made by the Court in the absence of a party concerned or affected by the order may
be set aside by the Court, on the application of that party, on such terms as it thinks just.
(3) Without prejudice to the preceding paragraphs of this rule, where any party to the action or
proceedings fails to attend the pre-trial case management, the Court may, if it thinks fit, adjourn
the case management.
1. It means a PTCM session can be adjourned whenever necessary. According to
Order 34 Rule 5 of Rules of Court 2012, a pre-trial case management “may be
adjourned from time to time, either generally or to a particular date, as may be
VI. DUTIES OF PARTIES
A. KEWAJIPAN MEMBERI SEMUA MAKLUMAT
Duty to give all information at pre-trial case management (O. 34, r. 8)
8. (1) The parties to the action and their solicitors shall give all such information and produce all
such documents as the Court may reasonably require for the purposes of enabling the Court to
properly deal with the action.
dismiss the action
or proceedings or
strike out the defence or
make such other order as
the Court thinks fit.
B. KEWAJIPAN MEMBUAT SEMUA PERMOHONAN INTERLOKUTORI
**Seminggu sblm mai PTCM, dah kena file apa2 interloc application yang nak dibuat dan diserahkan pada
opponent parti. Applu guna NOA cem biasa
Duty to make all interlocutory applications at pre-trial case management (O. 34, r. 9)
9. (1) Any party to whom the notice to attend pre-trial case management addressed shall so far as
practicable apply at the first pre-trial case management for any order or directions which he
may desire as to any matter capable of being dealt with on an interlocutory application in the
action and shall, not less than seven days before the first pre-trial case management date,
serve on the other parties a notice in Form 60 specifying the orders and directions sought.
(2) If the pre-trial case management is adjourned and any party to the proceedings desires to
apply at the resumed pre-trial case management for any order or directions not asked in any
notice given under paragraph (1), he shall, not less than seven days before the resumed pre-trial
case management date, serve on the other parties a notice in the manner prescribed in paragraph
(1) specifying those orders and directions sought in so far as they differ from the orders and
directions asked for during the first pre-trial case management.
(3) Any application subsequent to the pre-trial case management and before judgment as to any
matter capable of being dealt with on an interlocutory application in the action shall be made by a
notice of application.
C. ADA LIMIT LA KALAU NAK APPLY INTERLOC PUN - JAWIAKLANDU V. SUNNY
INSPIRATION SDN BHD
Facts Pl file suit 2004
Pl banyak gila file kan interlock application sampai no lampiran cecah 151
Held much judicial time has been wasted hearing non-productive applications and in order to
arrest further interlocutory application and delay, she had to direct the suit to be disposed
VII. KUASA MAHKAMAH MASA PTCM
A. POWER TO ISSUE ANY ORDERS OR DIRECTIONS THAT WILL ENSURE JUST,
EXPEDITIOUS AND ECONOMICAL DISPOSAL OF THE PROCEEDINGS , 034 R 1(1)
B. POWER UNTUK SETELKAN AWAL- REFER KAT ATAS
C. POWER TO TAKE DRAMATIC MEASURES AGAINST ANY PARTIES SHOULD THEY FAIL
TO ADHERE WITH ANY ORDERS OR DIRECTIONS FROM THE COURT
Order 34 Rule 2(3)
(3) The Court, having given directions under rule 2(2) or rule 3 may either on its own motion or
upon the application of any party, if any party defaults in complying with any such directions,
dismiss such action or proceedings or strike out the defence or counterclaim or enter
judgment or make such order as it thinks fit.
D. MAKSUD PEREMPTORY ORDER
1. peremptory means that the order must be performed by the given time and
no further extensions will be given.
2. Md. Amin b. Md Yusoff & Anor v. Cityvilla Sdn Bhd - failure to comply with
pre-emptory order emanating from the pre-trial cm conference was fatal.
E. EXAMPLE - TAN SRI DATUK DIONGHIEW KING @ TIONGHIEW KING V LAU
SWEENGUONG @ LAU SUI GUANG
in exercising its discretion under Order 34 rule 2(3) of the Rules of Court 2012, the High
Court struck out the defendant‟s defence, entered judgment for the plaintiff and ordered
damages payable to him to be assessed by the registrar.
This decision is due to the defendant‟s failure to comply with the trial judge‟s pre-trial case
management direction for parties to file and exchange their witness statements
VIII. PROCEDURE FOR PRE-TRIAL CASE MANAGEMENT
A. NOTIFICATION OF PRE-TRIAL CASE MANAGEMENT – O 34 RULE 3
Order 34 Rule 3-
all parties shall be informed of the date and time appointed for the holding of the pre-trial case
management by way of a notice in accordance with Form 59 of the Rules of Court 2012, and each
party shall comply with any directions contained in such notice.I
B. IN PRACTICE
all parties shall be informed of the date and time appointed for the holding of the pre-trial case
management when they filed in their writ (online or otherwise)in the following ways: (a) via e-filing
log in account
(b) via e-filing portal
(d) for courts without e-filing, by official letter from the court
IX. MATTERS TO BE DISCUSSED DURING PTCM
B. BUNDLE OF PLEADINGS
C. BUNDLE OF DOCUMENTS
Order 34 Rule 2(2)(d) - (i)
the contents of the bundle of the documents referred to in subparagraph (c) shall be agreed on
between all parties as far as possible and this bundle of agreed documents shall be filed by the
plaintiff and marked as Part A.43
If the parties are unable to agree on certain documents, those documents on which agreement
cannot be reached shall be included in separate bundles and each such bundle shall be filed by the
plaintiff and marked as follows:
(i) Part B – documents where the authenticity is not disputed but the contents are disputed;
(ii) Part C – documents where the authenticity and contents are disputed
D. STATEMENT OF AGREED FACTS
1. Statement of agreed facts refers to facts which are not disputed by all parties
2. The statement is to be filed into the court (after the parties have exchanged
the drafts between them to be perused , corrected and ultimately finalized.
3. Once admitted, it is not necessary for the parties to call witnesses to prove the
facts stated in the statement of agreed facts
E. STATEMENT OF ISSUES TO BE TRIED
Statement of issues to be tried contains the main legal issues in dispute between the parties.It
helps the court by leading the trial proceeding to the right direction. For example, “Whether the
defendant was negligent while driving the vehicle, thus caused the accident to happen which
resulted in the plaintiff‟s injuries?”or whether by failing to deliver the goods on time, the
defendant had breached his obligation under the contact?Sinceit is a document that is prepared
based on consent from both plaintiff and defendant, it is conclusive statement of what exactly is
the dispute between the parties. Hence, the whole trial process should be moving towards proving
nothing else but those issues.Order 34 Rule 2(2)(k) provides that the court may, during the case
management stage, finalize these issues between the parties and fix for them the date upon which
the document is to be filed.
F. STATEMENT OF WITNESS
Order 34 Rule 2(2)(l) - (s))
the court may also utilize the case management session to finalize the list of witnesses between
the parties. In doing so, the court will evaluate the relevancy of every each witness that parties
intend to call, and supervise them in relation of whether such witness should be called or not.
Apart from that, it is also during case management session that the court will be discussing with
the parties about “the period within which the parties have to exchange and file their list of
witnesses and the period within which the parties have to exchange and file witness statements of
all witnesses who may give evidence at the trial.”45Order 34 Rule 2(2)(p) also states that the court
may also determine whether an order should be made limiting the number of expert witnesses.
G. FIX DATE OF TRIAL!