speech launching NCVC JB by 511qgp54

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									        “LAUNCHING OF NCVC JOHOR BHARU COURTS”
                 Speech by YAA Tan Sri Arifin Zakaria
                        Chief Judge of Malaya


                            1 October 2010


Bismillahirrahmanirahim


Assalamualaikum Warrah Matullah and a very good afternoon to all.


The Rt Hon. Tan Sri Alaudin bin Dato’ Mohd Sheriff
President of The Court of Appeal


The Honorable Justice John Clifford Wallace
Senior Judge of the Ninth Circuit of United States of America and
Wife Dr. Jeane


Managing Judges,


Judges of the High Court,


Chief Registrar of the Federal Court,


Registrar of the High Court of Malaya


State Legal Advisor, Chairman of the Johore BAR Committee


Distinguished guests,

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Ladies and Gentlemen,


   1. I am proud to say that towards improving delivery system, the

     Malaysian Judiciary has within a relatively short period of one
     year, successfully introduced a number of innovations which
     include the tracking system, the E-Kehakiman and the New
     Commercial Court       (NCC) and now the New Civil Court
     (NCVC).


   2. The positive result in Commercial Division of the High Court at

     Kuala Lumpur has moved us to introduce similar system to
     other courts in the Peninsular of Malaysia. The success in the
     NCC is due to the commitment contributed by all parties
     involved.


   3. Johor Bahru High Court is the first court to implement NCvC

     system outside Kuala Lumpur. This is in line with the
     commitment of the Judiciary to improve the efficiency and
     competency of the courts throughout the country, not only in
     Kuala Lumpur.


   4. The concept of New Civil Court in Johore Bahru must

     however, be distinguished from the NCC and the NCvC in
     Kuala Lumpur. This is because unlike Kuala Lumpur High
     Court, Johore Bharu High Court does not have specialized
     division. It has only one division called Civil Division which



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  handles all civil matters including what is referred on the
  commercial matters in Kuala Lumpur.


5. The main focus of the NCVC is to expedite the disposals of

  the Writ Action (Code 22, 21, 22A and 23) filed at Johore
  Bahru High Court. For the past of 7 months, the number of
  writ action filed at the Johore Bahru High Court totalled 524
  cases with the average of 75 cases per month. Out of these
  cases, 65 percent are cases involving commercial matters
  and the rest are pure civil cases.


6. The main objective of its establishment is to dispose of

  cases expeditiously; that is to say, within the time frame of 9
  months from the date of filing.


The Set up:


7. This new civil court will be known as the New Civil Court

  (NCvC) of Johore Bahru. It will commence its operation on
  1st October 2010.


8. The NCvC will only deal with all Writ actions in civil matters

  under codes 21 (Civil Proceedings by and against the
  Government); 22 (Civil Suit – General); 22A Civil Suit –
  Muamalat); and 23 (Civil Suit – Tort) filed after 1st October
  2010.




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9. All files opened in this Court will differ in colour from those of

   the existing Civil Court (which will be referred to as the
   “Original Civil Court (OCC).


10. One judge, one Deputy Registrar and a set of staff will be

   assigned to handle cases in the NCvC.


11. The original Civil Court (OCC) will continue to function until

   all cases filed prior to 1st October 2010 are disposed of.


12. To achieve its objectives, the NCvC of Johore Bahru

   undertakes:


   a)   to set target for disposal of cases and to take charge on
        the management of cases immediately upon registration
        or filing until final disposal;

   b)   to set time limit for service and filing of documents,
        disposal of all interlocutory applications related to the
        cases, and to ensure strict compliance by litigants or
        their lawyers within stipulated periods;

   c)   to ensure that each case is ready for trial within 6 - 7
        months after registration or filing;

    d) to be strict on request for adjournment by litigants; and

    e) to increase its efficiency and effectiveness.




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  The Approach


13. Initially, one NCvC Court will be set up at an interval of six

  months. The first NCvC judge will be Y.A.Tuan Vernon Ong
  Lam Kiat.


14. The task of NCvC Judge is to dispose finish the cases within 9

  month from the date of filing.


15. Under the NCvC, the initial case management of each case is

  done by the Registrar. The final case management will be
  done by the Judge, before trial date is fixed. Generally, case
  management must be finalized within 3 months after
  registration or filing of the case.

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16. Pending cases filed prior to 1 October 2010, will continue to

  be handled by the existing 3 civil courts (2 for T-track and 1 for
  A & M track). These pre-1st October 2010 cases are expected
  to be disposed of by middle of 2011 (June – July), after which
  all the 4 civil courts in the Johor Bahru High Court will be
  assigned to handle cases under the NCvC.


17. All documents in relation to the NCvC cases need be filed at

  the designated counter at the Civil High Court Registry,
  Johore Bahru.


18. With the establishment of NCvC, it is our hope the writ

  action in Johore Bharu will be current by June 2011.

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19. Finally, with lafaz Bismillahirrahmanirrahim, I officially launch

   the New Civil Court (NCvC) of Johore Bharu.




Thank you.


Assalamualaikum.




                   TAN SRI ARIFIN ZAKARIA
                      Chief Judge of
                          Malaya


                        1 October 2010




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