Inter-Part Moots: Dean Challenge Trophy 2010 - Clarifications No.1

These are clarifications to questions posed by Zuraini Ali Musa. The questions are in the black font, whilst the clarifications are in purple.

1. What is the terms, conditions, and exclusions of the restaurant's wi-fi?

The following are Mamak Shy's Bistro terms and conditions for use of the wi-fi services:

1. THE OBLIGATIONS OF MAMAK SHY'S BISTRO

1.1 We will use our reasonable endeavours to make the Service available 24 hours a day, however we will not be liable if for any reason the Service is not available at any time or for any period. Access to the Service may be suspended at any time. If you require any assistance in relation to the Service, you should contact Hotspots 24hr guest support.

1.2 In order to gain access to the Service, you may be required to provide us with certain personal information. We will use such personal information in accordance with relevant data protection legislation. You warrant and undertake to us that all of the personal information you provide is complete and accurate. We will not disclose any personal information which is provided by you to any third party without your permission, other than (i) to any sub-contractors or agents engaged by us to provide any support or administration, facilities management or similar services (subject to such sub-contractors and/or agents undertaking to keep such personal data confidential), (ii) to any company or organisation to which we transfer our responsibilities to provide the services and products to you or (iii) where required by law or made in connection with legal or regulatory proceedings.

2. YOUR OBLIGATIONS

2.1 You will pay the fees due in connection with the Service in accordance with the fee schedule published by us from time to time. We reserve the right to increase or decrease fees for the Service at any time and from time to time.

2.2 You will keep confidential any access codes or passwords provided to you in order to access the Service, and will not disclose them to any other person for any reason. You will be responsible for any loss that arises from you losing, misusing or otherwise disclosing any such access codes or passwords. If you lose any such access codes or passwords, you should contact the Bistro's wi fi technical support immediately.

2.3 The Service is intended to allow you to access the internet in order to use, amongst other things, the worldwide web, e-mail, messaging services and chatrooms. You undertake to us that your behaviour while using the Service will be lawful, honest and proper. Without prejudice to any other provision of this agreement, we may terminate your use of the Service at any time without notice if we become aware of any behaviour that has a negative impact on our equipment or network or the use by other customers of our equipment or network or the internet in general, or which damages, or has the potential to damage, our reputation or standing.

2.4 Without prejudice to the generality of paragraph 2.3 above, you may not:

2.4.1 use the Service for any illegal purpose;
2.4.2 access or attempt to access the Service via more than one device;
2.4.3 access or attempt to access the Service provided to any other customer;
2.4.4 use the Service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent;
2.4.5 exceed the download limitations relevant to the particular period of use by you; or
2.4.6 resell, or attempt to resell, the Service to any third party.

3. BREACH OF THE AGREEMENT

We shall investigate any suspected breach of the agreement by you, and reserve the right to take such action as we, in our sole discretion deem appropriate, including suspension or withdrawal of the Service with immediate effect and without notice to you.

4. DISCLAIMER

4.1 You acknowledge that your use of the Service is at your own risk. The Service is provided on an "as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Without prejudice to the foregoing generality:
4.1.1 we do not warrant that the Service will be uninterrupted, timely, secure or error-free at all times or will meet your requirements; and
4.1.2 we are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service.
4.2 The disclaimer under this paragraph 4 is without prejudice to your statutory and other rights as a consumer.

5. LIABILITY

5.1 Nothing in this agreement shall exclude or limit your or our liability for death or personal injury.
5.2 Subject to paragraph 5.1, we shall not be liable to you in contract, tort or otherwise arising in connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential losses or any destruction or loss of data.
5.3 Our liability to you shall be restricted to the amount of fees you have paid to us in connection with the services. If no fees have been paid then our liability is effectively limited to zero Ringgit.
5.4 If any part of the Service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the Service is beyond our reasonable control, we shall not be obliged to pay any compensation to you. If the Service is not available to you due to any failure on our part, we may, at our sole discretion, re-imburse you in respect of an appropriate proportion of the fees you have paid which relate to that period of unavailability of the Service, if you have paid for such services.
5.5 You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person.

6. GENERAL

6.1 We reserve the right to amend this agreement at any time.
6.2 You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trade marks, database rights, patents and inventions) in and relating to the Service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you.
6.3 We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you.
6.4 If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions will nevertheless remain in full force and effect.
6.5 This agreement is governed by the laws of Malaysia and the parties hereto submit to the non-exclusive jurisdiction of the Malaysian courts, and if there were to be an appeal, to the jurisdiction of the Moot Court of Appeal UiTM.
BY CLICKING ON THE LOGIN BUTTON ABOVE YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS OF USE.

2. Can we raise new ground of appeals?

No. The appellant has filed an appeal on the grounds given in the notice of appeal. You are to adhere strictly to those grounds of appeal.

3. Brief background of Mr. Toopie Aduslalu.

Mr Toopie Aduslalu's background has been provided by Haryanti Mansuri J in her judgment.

4. when do we have to exchange the bundle of authorities?

There will be no exchange of the bundle of authorities. Just prepare one for the bench, one for your opponent and a suitable number for your own personal reference. On the day of the moot, just hand a copy to the bench and hand over another copy to your opponent. You may retrieve the copies after the moot.

5. Is the doctrine of stare decisis applicable in this case?

As the case was litigated in a High Court in Malaysia and will go before an appellate court in that same jurisdiction, all the relevant laws of Malaysia are applicable, including the principle of 'stare decisis'.

6. Is Aini Lambat a part time employee or full time employee?

Aini Lambat is a full time employee of Mamak Shy's Bistro. She has been working there since last year. Previously, she was employed by Diva Unlimited Sdn Bhd, a company specialising in modelling shoes.

7. How old is Mr. Toopie Aduslalu?

Mr Toopie Aduslalu is past the age of majority. His exact age is not relevant to the legal issues at hand.

Law Asia Moots 2010: Day 3 - Final Rounds

Congratulations to Zarif, Arina and Hadi who qualified for the final round. Although you did not win the competition, I am very proud of you. Who would have thought that it would be the 'bilis' in the moot team that would go so far.

Congratulations also to the other UiTM teams that did not make it past the preliminary rounds. You live to do battle another day. It will be a different story at Jessup. The important thing here is that you've managed to squeeze in more mooting experience and as a result you will be a better person. Remember the prophetic words of Raphael Tay, it is not the winning that counts, it is whether you fulfill your potential. All of you are in the process of doing that and I look forward to seeing you celebrating in victory in a moot competition not too far in the future.

For the record, the winning team was Taylor's University College. Congratulations, you are worthy champions and will make Malaysia proud at the international competition. Nabila Kamarudin, you are an amazing mooter and really unlucky not to win the best mooter prize when you finished runner-up. ATC was the first runner-up and will also be joining Taylor's at the international competition. In third place was KDU, followed by IIUM and UiTM respectively.

The best mooter prize was won by Nora Huseinovic. Congratulations! You are the most systematic mooter that I have seen in the last five years and the clarity of your arguments deservedly won the hearts and minds of many judges. Special mention must also be made of the following UiTM mooters who finished in the top ten of the mooters rankings:

Azad bin Akbar Khan - 3rd place.

Shairil Farhana Ruslan - 6th place. Really fantastic performance considering the fact that you only had a few days to train and had to fly back from South Korea just the day before the competition.

Mohd Zarif Shafiq - 7th place. An amazing performance, as you are only in your first year (having just started part 2 of BLS). I have heard through the grapevine that you now have a fan club as you have been described as having that 'WOW' factor.

Law Asia Moots 2010: Day 2 - Preliminary Rounds

UiTM sent four teams for the competition. The composition of the teams were as follows:

Team 1 (M2070)
Muhammad Danial Bin Mohamad Nizam – Bachelor of Legal Studies (Hons) Year 3
Azad Bin Akbar Khan – Bachelor of Legal Studies (Hons) Year 3
Alia Sumayyah Bt Amran – Bachelor of Legal Studies (Hons) Year 2

Team 2 (M2090)
Muhammad Khairil Bin Khalid – Bachelor of Legal Studies (Hons) 2
Izzat Asyraf Bin Zamri – Bachelor of Legal Studies (Hons) 3
Siti Khadijah Bt Hassan Hasri – Bachelor of Legal Studies (Hons) 2

Team 3 (M3040)
Mohd Zharif Shafiq Bin Badrul Hisam – Bachelor of Legal Studies (Hons) Year 1
Arina Bt Mohd Fairin Lum – Bachelor of Legal Studies (Hons) Year 2
Muhammad Nurhadi Bin Zainol – Bachelor of Legal Studies (Hons) Year 2

Team 4 (M3010)
Auzan Syaidi Bin Abdul Lateh – Bachelor of Legal Studies (Hons) Year 2
Shairil Farhana Bt Ruslan – Bachelor of Legal Studies (Hons) Year 3

(Note: Hilwa Nazifa Bt Bustam – Bachelor of Legal Studies (Hons) Year 3 did not moot for this Law Asia competition as she withdrew from the Team M3010 just a couple of weeks before the competition).

By the end of the day, after all the scores were added up, Team 3 consisting of Zarif, Arina and Hadi qualified for the finals. The other teams that qualified for the final were Taylor's, KDU, UIA and ATC.

There are just too many rounds / ties to write about, and there will not be enough space here. Anyway, here are some of the 'juicy' details:

One team was actually sent into the wrong room and mooted against a team that they were not scheduled to meet. Luckily, no harm was done and all the other team coaches agreed to just proceed despite this irregularity. This is definitely in the spirit of the Law Asia competition. Unlike the Jessup national rounds, there was no petty squabbling over rules and lodging a complaint at every perceived minor infringement of the rules. Bravo to all the team coaches for being civilized and the mooters for exercising restraint.

Law Asia Moots 2010: Day 1 - Registration and Checking In

The team booked a bus from 'unit kenderaan' to travel to the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Just as the bus was about to get on the Federal Highway, the clutch froze up and the smell of something burning permeated the bus. The driver stopped and called for a replacement bus. Ironically, the clutch was replaced just recently and unfortunately had to break down. The replacement bus arrived after a long wait. It was a small rickety mini bus and the whole team hopped on board.

Just as the mini bus reached the Batu Tiga toll along the Federal Highway, the driver received instructions to stop the bus. Apparently, the bus was old and probably could not take the stresses of being driven into Kuala Lumpur. A third bus was sent to pick up the team. This time, a UiTM stage bus was sent to rescue us. But his time, we had already missed the registration session. Miss Ummi and Puan Mazlina who wisely took the option of driving there in the comfort, luckily managed to get the organisers to waive registration for the team. By the time we reached KLRCA, it was 5.30 pm. It had taken us three hours to get from Shah Alam to Jalan Conlay.

After a brief word with Raphael Tay, the charismatic organising chairman of the Law Asia Moot, the team made its way to its base of operations, Citrus Hotel, situated along Jalan Raja Laut. The rooms in the hotel are 'cosy', i.e. you can substitute that with the word 'small' here. The service at the Squirrel Cafe was really slow and the food, over-priced for a hotel of this stature. Just a short note to myself, 'do not have dinner at that place again'.

The rooms were allocated as follows:
513 - Miss Shairil Farhana and Miss Arina Lum.
512 - Pn Mazlina Mahali and Miss Ummi Hani.
511 - En Muhammad Danial and En Azad Akbar Khan.
510 - Miss Siti Khodijah Hassan and Miss Alia Amran.
405 - En Muhammad Nurhadi and En Auzan Syaidi
315 - Your's truly and En Mohd Zarif Badrul
309 - En Izzat Asyraf and En Muhammad Khairil Khalid

Dean's Challenge Trophy 2010: Inter-Part Moot Question

DEAN’S CHALLENGE TROPHY 2010

MOOT QUESTION


The following is a copy of Haryanti Mansuri J’s judgment in the case of Toopie Aduslalu v Mamak Shy’s Bistro Sdn Bhd (Civil Suit No: 210-2009) (Transcript 23 July 2010)


IN THE HIGH COURT OF MALAYA, SHAH ALAM

CIVIL SUIT NO: 210-2009

BETWEEN

TOOPIE ADUSLALU … PLAINTIFF

AND

MAMAK SHY’S BISTRO SDN BHD … DEFENDANT


JUDGMENT


HARYANTI MANSURI J


The Facts

[1] Mr Toopie Aduslalu, a citizen of the Federated Republic of Cheapmonk, was on holiday in Malaysia early last year. He had just attended a conference in Kuala Lumpur and presented his paper on ‘The True Nature of Gravity: A Study of Falling Acorns and Why Einstein General Theory of Relativity is Wrong’ at the International Theoretical Physics Conference 2009. Whilst visiting Shah Alam, he stopped at Mamak Shy’s Bistro for lunch.

[2] Mamak Shy’s Bistro is owned by Mamak Shy’s Bistro Sdn Bhd. The majority shareholder of this enterprise is Miss Shyla Funhaha Rusa. She is known to her customers as being very introverted and frequently too embarrassed to do anything in public. Her famous quip is: ‘I let my food do the talking’. Mamak Shy’s signature dish is venison curry, made from a recipe that Miss Shyla learnt from her father but she has had to water down his recipe for commercial purposes as the original was just too darn hot for most Malaysians.

[3] I would like to thank both the Plaintiff and the Defendant for contributing to the cost of a ‘bungkus’ of Mamak Shy’s famous ‘nasi briyani’ with venison curry and pickled vegetables. It is important for a judge to put the dispute in context by getting the experiencing the actual taste and smell where the incident complained of took place.

[4] When Mr Toopie Aduslalu had lunch at Mamak Shy’s Bistro, he ordered its signature dish and a cup of coffee. It was prepared by the head chef, Mr Lazat Babab, who brought the plate personally to Mr Toopie Aduslalu. As he was tucking into the juicy and tasty morsels on his plate, he noticed a sign just behind the cashier’s counter which stated: ‘Free wi-fi at Mamak Shy’s Bistro. Subject to the restaurant’s usual terms, conditions and exclusions’. When Mr Toopie Aduslalu asked the cashier, Mr Mazin Laidan, about the service, he was told: ‘Just read the instructions and then log in. The ID is Arif Qafir, and the password is Ojanda666. You can find the terms and conditions on our website after you log in’.

[5] As Mr Toopie Aduslalu launched his Safari browser, he was directed straight to the log in page at . He typed in the ID and password that he was given, but was not given direct access to the Internet. Instead he was first directed to a page titled ‘Friends of Mamak Shy’. Here, there were instructions to first time users to register their names, identity card number or passport number, mobile number and home address. When Mr Toopie Aduslalu asked a waitress, Aini Lambat, as why Mamak Shy’s Bistro needed so many personal details, she answered that it was ‘company policy, so please do not complain. I am just the messenger, not the problem’. Mr Toopie Aduslalu then angrily replied ‘not only are you late with the coffee I ordered, you are rude as well. So where is my coffee?’

[6] Ten minutes later, Miss Aini Lambat served the coffee, and a complimentary cup of ‘Teh Alia’, Mamak Shy’s signature ‘spicy ginger tea’. Mr Toopie scowled at her and said: ‘You cannot even get my order right. I ordered coffee and you also have to bring along a cup of smelly tea’. Miss Aini Lambat lost her temper and emptied both cups onto his laptop. Mr Toopie Aduslalu then left the bistro in a huff and threw an RM100 note on the table.

[6] Later that night, Mr Toopie Aduslalu carefully dried the laptop with a hair-dryer at Hotel Immu. When was working on his laptop, he discovered that it kept shutting down and rebooting itself. He could not get access to important data stored inside which was needed to present a second paper to fellow physicists at the conference. He called the hotel’s concierge for help and was directed to a company, Decoder Sdn Bhd, that provided 24 hours services for those with laptops in distress. Miss Codee, a technician from the company dropped by the hotel to examine the laptop. After running diagnostics, with the ‘Para Amore’ programme, Miss Codee concluded: ‘Your laptop is sticky. There is a lot of dried up liquid all over the place. I have tried to remove all the relevant parts and clean it. I cannot guarantee that it is going to work properly again. By the way, you probably also picked up a Myhali-hali Trojan when you logged into the bistro’s wi-fi system. Your system is now compromised’. When the laptop was switched on, it would not reboot.

[7] Miss Codee then charged Mr Toopie Aduslalu RM5,000 for her services. He fainted when he saw the bill and knocked his head as he fell to the ground. The doctor on duty at Hotel Immu, Dr Honey Berry, treated Mr Toopie Aduslalu for concussion and stitched a gash on the back of his head. The medical bill was RM1,500.

[8] In order to get a copy of the data stored on the laptop, Mr Toopie Aduslalu had to use a special courier to send the laptop to its manufacturer so that the information stored on the hard disk could be read and copied after a forensic process was carried out on the data storage system. I understand that the bill was in US dollars but I believe that the equivalent cost here is RM7,000.


Mr Toopie Aduslalu’s claim for breach of contract

[9] Customers expect to be treated properly when they visit a bistro or restaurant, just like a visit to the hotel when one is on holiday. Miss Aini Lambat’s behaviour as an employee of the Mamak Shy’s Bistro was unforgivable. A person in the service industry is not allowed to insult a customer by telling him not to complaint. This country is a democracy, everybody has the right to make their displeasure known, especially when Mamak Shy’s Bistro is charging an exorbitant sum of RM50 for its famous ‘nasi briyani’ with venison curry and pickled vegetables. The higher the price payable for a meal, the greater is the expectation of the customer. Mr Toopie is entitled to a quantum of damages which reflects the failure of Mamak Shy’s Bistro to discharge its contractual duty of providing a pleasurable dining experience to its customer. This is the core contractual obligation of a restaurateur to its customers. The quantum of damages for this is to be assessed by the Senior Registrar, Mr Hadee Yahkop after this trial.

[10] A diner who uses the wi-fi services at a restaurant or bistro is also entitled to expect that the service is safe for use. Although this is not the primary business of the bistro or restaurant, it is under a contractual duty to provide a service that is free from viruses and trojans. A customer is attracted to a restaurant because of such services and had a contractual right to expect that the service is safe for use. For this breach, I am allowing Decoder Sdn Bhd’s bill for RM5,000 and any other losses that flow from the damage caused by the Myhali-hali Trojan to the laptop, such as the cost of purchasing an equivalent new laptop at RM7,000 as well as the technical forensics bill for that same amount.


Mr Toopie Aduslalu’s claim for trespass to goods

[11] No person is allowed to violate goods that belong to another. When Miss Aini Lambat lost her temper and emptied both cups onto the laptop, this was a legal wrong commit towards goods belonging to Mr Toopie Aduslalu. There is no legal justification for this act, not even if a customer was rude to a waitress. Miss Aini Lambat should not act like a prima donna and learn to act more courteously towards people who are in fact ensuring that she still has a job at the restaurant. Even though she did not physically touch the laptop, the drinks that she poured were an extension of her arms that unlawfully trespassed on the laptop.

[12] I have awarded the cost of the laptop, the technical forensic’s bill and Decoder Sdn Bhd’s bill under the above head of contractual damages, so I will not allow the plaintiff to profit twice over from this. Even if the Mr Toopie Aduslalu’s contractual claim against Mamak Shy’s Bistro is in the unlikely event defeated, both those items of damages can also be claim as damages for this tort. However, I will award the medical bill of RM1,500 under this claim as this was a foreseeable loss that was inflicted on Mr Toopie Aduslalu. There is a clear chain of causation here. If the drinks were not poured over the laptop, then he would have had to engage Miss Codee’s services. Then if Miss Codee did not have a bill to show him, he would not have fainted and gashed his head, thus leading to the medical treatment.


Conclusion

[13] The Defendant is liable for all of the Plaintiff’s losses and injuries either in contract or in tort. I hereby dismiss the Defendant’s defence and award cost to the Plaintiff. If the Defendant is not satisfied with my decision, I suggest that it appeals directly to the geniuses who sit on the Moot Court of Appeal UiTM.

[14] For the record, the court also likes to takes judicial notice of the fact that Given Chee Shoes worn by Miss Aini Lambat are very nice and should nominated for an award.


Advocates appearing in court:
For the Plaintiff … Miss Khaleeda Kholid (Khaleeda, Shake, Lind and Partners)
For the Defendant … Mr Rus Alan (Van Neeson, Syabas and Associates)


______________________________________________________________________________


On 30 July 2010, Mamak Shy’s Bistro Sdn Bhd filed an appeal with the Moot Court of Appeal UiTM. The Moot Court of Appeal UiTM has jurisdiction to hear appeals from the High Court of Malaya under the Moot Court of Judicature Act 1964.


IN THE MOOT COURT OF APPEAL UITM

CIVIL APPEAL NO: 30-07-2010-10

BETWEEN

MAMAK SHY’S BISTRO SDN BHD … APPELLANT

AND

TOOPIE ADUSLALU … RESPONDENT


The following were the Appellant’s grounds of appeal:

1. There is no contractual duty on a bistro or restaurant to be courteous to its client. A dining contract is not like a holiday contract. The purpose of the dining contract is to get food. We have provided food which the customer has paid for.

2. A customer who uses wi-fi services at a bistro or restaurant should use his own anti-virus programmes for protection. There is no contractual duty to beef up the wi-fi system for a customer who has an anti-virus system that cannot even give proper protection against the common Myhali-hali Trojan.

3. There was no trespass to Mr Toopie Aduslalu’s goods. Miss Aini Lambat did not even touch the laptop. Drinks that were poured cannot be said to be an extension of her arms. Even if it were, she was entitled to protect her honour after being insulted by a nasty customer. Her actions were completely justifiable.

4. Even if there was trespass to goods, the medical bill could not be claimed as damages because it was too remote.


Further Instructions to the Participants:

1. Please send you written request for clarifications to:

Conventional mail:

Assoc Prof Dr. Irwin U.J. Ooi
Malaysia Institute of Transport (MITRANS),
Level 1, Old Engineering Building,
MARA University of Technology (UiTM),
40450 Shah Alam.

E-mail:

dr_irwinooi_uitm@yahoo.co.uk

2. Clarifications will be published within three days after the receipt for a request for clarifications on the UiTM Moot Club Blog and/or Facebook.

3. The last date for clarifications is Friday, 13 August 2010.

4. Memorials must be submitted by Friday, 20 August 2010.

Maritime Moots 2010, Sydney - Postscript

When yours truly was keeping in touch with the moot team in Sydney via Skype, those 'naughty' kids were hiding something. It was only when they returned and we met at the moot court that they unveiled the big surprise. The moot team won the 'Individual Achievement Award', sponsored by Roger Derrington. This is the first award / prize won by UiTM in an international moot competition. Congratulations to the team, I am very proud of you. Another big thank you to the competition organisers and sponsor of the prize for recognising the team's hard work and good performance at the competition. I hope that the Faculty of Law, UiTM, will frame that copy of the certificate and proudly exhibit it at the faculty's lounge in Cempaka One.

Maritime Moots 2010, Sydney - Days 2 and 3

My apologies for the late post, but yours truly has been busy.

On the morning of Day 2, UiTM's claimants consisting of Arina Lum and Zharif Shafiq defeated the respondent team from Universiti Pendjajaran Indonesia. Congratulations for having three straight wins.

On the morning of Day 3, UiTM's claimants, who were represented by Arina Lum and Danial Nizam unfortunately lost to Hong Kong University. Among the arbitrators on the tribunal was David Martin Clark, a renowned arbitrator who also has a very popular website. That means that UiTM completed the preliminary group stage with three wins and one loss.

Later that afternoon, when the quarterfinal places were announced, the team discovered that their efforts were not enough to make it to the knock out stages. In the past, UiTM has comfortably made it to the last eight, for e.g. in 2007 (4th place) and in 2008 (6th place). A ban due to HINI in effect grounded the team just before commencement of the oral rounds although the memorials had been prepared and submitted. This team later went on to register a historic first win for UiTM in the Jessup national rounds of 2010, so I cannot help but wonder what if they had taken part in 2009's Maritime Moots.

Anyway, congratulations to the moot squad under the leadership of Miss Shairil Farhana @ 'Mama Shai'. I am proud of your achievements as you have gained valuable experience from this moot. Better luck in the next moot.

Maritime Moots 2010, Sydney, Australia - Day 1

UiTM's Maritime Moot Team got off to a flying start when they defeated a team from the University of Melbourne (which are ranked in the top 100 universities in the world according to the THES university rankings. UiTM currently does not have a THES ranking yet due to a technicality ... but that's another story for another day). UiTM mooted as the respondents and were represented by lead counsel Shairil Farhana (team captain and also known to her team-mates as 'Mama Shai', no prizes for guessing why!) and co-counsel Khairil Khalid (a tiger masquerading as a chipmunk).

This very same team then met the University of Southampton's claimants and also emerged victorious in a second match later in the afternoon. Southampton is home to such famous Maritime Law academics as Prof John F Wilson (author of the favourite student text 'Carriage of Goods by Sea), Prof Emeritus Robert Grimes (who was the external examiner for my Ph.D viva), Prof Charles Debattista (author of Bills of Lading in Export Trade) and Prof Nick Gaskell (renowned expert on salvage law). This is a huge scalp for the UiTM team as Southampton's team are comprised of postgraduates, i.e. LL.M candidates whilst UiTM's team are made up of second year degree students from the Bachelor of Legal Studies (Honours) programme.

Congratulations to the team. Hope you do even better tomorrow, and do not forget to make lots of new friends and come back to Malaysia with loads of happy memories. I shall be looking forward to keeping in touch with you via 'Skype'. Thank God for the wonders of modern technology.

Student Volunteers needed for LawAsia Moot 2010

Dear Programme Directors / Heads of Law Schools,


Greetings from the LAWASIA International Moot Competition Committee. My name is Neptune Loh Xae Hoyy and I am delighted to inform you that the 5th LAWASIA International Moot Competition is again inviting law students to be a part of our LAWASIA International Moot Competition. This years' competition will be held on the 7th to 8th of August 2010.


We are again extending our invitation to law students from different universities to form part of the LAWASIA International Moot Competition Sub Student Volunteers Committee after the success of the 4th LAWASIA International Moot Competition. From our last Moot competition, we have gathered about 40 student volunteers from various law schools and has generated very positive feedbacks from both the students and also counsels, senior members of the bar and judges.


One of the main differences of the LAWASIA International Moot Competition is that it does not only involve the students who will be the mooters in the competition but also to involve student volunteers. It was also the vision of the LAWASIA International Moot Competition Committee to give Student Volunteers the opportunity to assist in the general administration of the National and International competitions.


For a competition to be successful, it is essential that each moot court is equipped with several officials namely, bailiffs who serve as court officers, timekeepers to keep the official time, court ushers, judges' assistants, team ambassadors, photographers and bloggers. Everyone's role in the competition is paramount in ensuring that the competition runs smoothly. I quote:

"The role of timekeeper in your average moot might seem, at a glance, to be a small, boring one; but i can safely say that my experience as a timekeeper in the LAWASIA international moots was an eye-opening experience. For one, I had to stay wide awake for the entire duration of 2 hours- give or take; and two, I had to keep the time to its precise minutes and seconds. Arduous, you may think, but what I witnessed from behind the desk across from the participants' was nothing short of extraordinary." Shariza Abdul, Year 2 LLB Law Student, 3rd LAWASIA International Moot Competition

"LawAsia was fun. Especially with the conference, u get to hear influential ppl talk about important issues and stuff. The moots were awesome in the sense that we could experience first-hand the nastiness of the judges and made us realise just how tenacious u must be to make it." Ikram, Year 2 LLB Law Student, 4th LAWASIA International Moot Competition

Student Volunteers have the unique opportunity to observe court advocacy, spirited legal argument and succinct legal points being put forward on complex legal issues. It is also an opportunity to network with other law students from various law schools and from different social and cultural backgrounds. Often this includes the chance to meet sitting judges, senior members of the bar, members of the Attorney General’s Chambers, academics and General Counsels of large corporations. Student volunteers are presented with certificates at the end of the competition. Based on past events, a few students have also received personalised commendation letters from the Chairman of the LAWASIA International Moot Competition praising their hardwork and dedication which will eventually look well on their CVs.


The closing date of the application will be on the 5th of July 2010. We had about 130 applicants last year and was only able to take in 42 of them so the selection will be on a first come, first served basis. For those interested, please do send in their details as follows:-

Name:
University/University College and Year:
Contact Number:
Email Address:
House Address:


Please note that Student Volunteers will have to bear their own cost of travel. However, meals and light refreshments during the course of the moot competition will be provided.


If you have any queries, please do not hesitate to contact me at neptune.loh@tktlawyers.com


P/S: I won't be able to accept any phone calls until the 8th of July as I am currently based in the UK and will not be back in Malaysia till then. However, you can still contact my colleague, Ms Chye Yoke Wah at +603-215567050.



Thank you.


Regards,
Neptune Loh,
Tay Kuan Teck & Son
Advocates and Solicitors
B-7-9 Megan Avenue II
12 Jln Yap Kwan Seng
50450 Kuala Lumpur, Malaysia
E-mail : neptune.loh@tktlawyers.com
Tel : 603-2166 7050
Fax : 603-2166 7052

Joining UiTM's Law Asia 2010 Moot Squad

The Law Asia Moot question for 2010 is out. BLS students in Part 1 and Part 2 (for the January 2010 - April 2010 semester) who are interested in representing the university at this competition please get in touch with me as soon as possible at dr_irwinooi_uitm@yahoo.co.uk

Last year UiTM sent four teams and three teams made the final round. You have the chance to help us repeat that feat again this year.

Recruitment of new mooters!

We are recruiting Part 1 and Part 2 BLS(Hons) students (from the January - April 2010 semester) for UiTM's Moot Team. If you are interested, please leave your e-mail address here or e-mail me at dr_irwinooi_uitm@yahoo.co.uk so that I can contact you for the Law Asia audition, as Law Asia will be your first competitive moot probably around August 2010. Please do not be shy. Step forward and be counted. This will be the icing on the cake for your legal studies at UiTM. Ultimately, this team will be preparing for Jessup 2012. There are lots of perks in addition to the usual 'aktiviti makan'. For example, the team that is preparing for Jessup 2011, will be travelling down to Sydney for the Maritime Moots 2010 later this July. In the past, teams have travelled to Washington, New York, Melbourne, Perth and India for moots. The training will also stand you in good stead for BLS mooting in part 4. If you can moot competitively, part 4 moots should be a breeze for you. Join us and have a head start in your career. Some of your seniors have secured places in big law firms such as Skrine, Shooklin, Shearn and Lee Hishamuddin as a result of their good mooting record.

Jessup Moot - White and Case International Rounds - Day 4

There were two ties today. The first was against the University of Namibia. They came thought national qualifying round which consisted of 7 teams. They mooted as applicants, therefore Hazralika Hamzah and Faez Razak mooted as the respondents. The judging panel was very active as most of the panel could be classified as 'interventionist judges'.

The second tie of the day was against Heidberg University of Germany. The mooters speak impeccable English and they only time that their speech gave away any hint of their German origin was when they pronounced their names. For this tie, UiTM mooted as Applicants with Hazralika Hamzah and Afif Ahmayuddin. Once again, the judging panel was very active and the mooters did not have the chance to follow their scripts.

The top 24 teams were announced at a ceremony at the Lux Club (i.e. it is a bar) at half past ten at night. Unfortunately, UiTM did not make the top 24. This has been a great experience and we have learnt a lot. We hope to do a lot better next year.

Jessup Moot - White and Case International Rounds - Day 3

The tie against UAE commenced at 11 a.m. Hazralika Hamzah and Afif Ahmayuddin mooted as applicants. The UAE's line up is very cosmopolitan and they were coached by an American who has taught at Universiti Malaya in the past. Both Ika and Afif mooted very well and we are confident of a positive result.

After the tie, we had lunch with Ika's adopted mum (she's American by the way) at a nearby restaurant. The food is very good and I could not resist having the 14 oz NY strip steak.

The journey back to the embassy residences was a little bit adventurous. We had to take the metro (subway) and spent a long time looking for it ... in the freezing cold. Faez does not have any toes left as he has lost all of it through frostbite ;-)

Dinner was an interesting affair as the MSD director, Dr Posiah cooked fantastic 'sambal udang' with the biggest fresh prawns this side of the Atlantic. It was a great match with the fried rice which Pn Yati (who lives a few doors away) sent to the house in the morning.

We have two ties tomorrow, the first against Namibia in the morning, and against Germany in the late evening.

Jessup Moot - White and Case International Rounds - Day 2

At 2 pm, the UiTM team faced UCL. They are champions of UK, beating Oxford in the UK national finals. The first applicant from UCL was from Brazil whilst the second applicant was from Canada. Both Hazralika Hamzah and Faez Razak mooted for UiTM in the role of respondents. Hilwa Bustam was the bench counsel.

From the very start, it was apparent that the mooters were not going to be allowed to stick to their script. One of the judges was an 'interventionist' judge and took all the mooters away from their rehearsed scripts. At one stage, Miss Ummi wrote on her note pad that the woman judge here was a 'Mrs Irwin', i.e. judge as 'cruel' as yours truly when it comes to questioning. I have to politely disagree with Miss Ummi on this because the judge concerned made me look like a nice guy as she was 'brutal' in her questioning. It was a great experience for the mooters. I suppose in Malaysia, what she was doing could be described as doing a 'Sri Ram'. Mooters who have appeared before the great Malaysian Court of Appeal judge Gopal Sri Ram will know what I mean. It was a good moot as all the mooters could handle the probing questions put forward by the bench. Hazralika in particular, was very impressive as she has learnt some of the best mooting techniques from Azinuddin and implemented it in the moot against UCL. Just like Zin, she is so much better 'scriptless'.

As soon as the moot was done at around half past four, we rushed back to the MSD residences as the evening rush hour starts at around five. Next up for us tomorrow is a university from the UAE.

Jessup Moot - White and Case International Rounds - Day 1

The team arrived at Washington DC for registration at 10 am. There were lots of merchandise for sale at the registration table and it was difficult trying to restrain the 'Malaysian shopper' in all of us. Team members purchased T-Shirts and mugs. All of this happened relatively quickly, so there was time to spare before the full briefing at 2 pm. The team took a walk down the road to the park close to the White House. As usual, most of us acted like 'tourist' and clicked happily away. In particular, Pn Mazlina was giving her new Sony 'Cybershot' 14 mega-pixel a through workout. Just when I thought it was safe, we stumbled across stalls selling souvenirs and the 'shopoholic' in all of us made an appearance again. By the way, the 'Subway' here is sells 'halal' food, so there was no problem getting lunch.

At the 2 pm briefing, in addition to reminding the teams about the rules, the organisers also took the opportunity to introduce the teams. As they flags of individual nations were placed in the front, the respective teams collected their 'goodie' bags from sponsors of the international rounds. I suppose you will see team members proudly carrying 'White and Case' knapsacks and water bottles around the faculty when we get back.

The exchange of memorial took place at 6 pm. Our first opponents on Day 2 will be UCL, champions of the UK. They have made the finals for the last two years. I am confident that our team is as good as them, if not better, so it will be a good fight.

More from tomorrow after the match! Keep checking in to read this blog.

More Jessup 2010 (Malaysian National Rounds) News

Congratulations to the UiTM Jessup Moot Team. Not only are you champions of Malaysia, you have done it in style. You have made all of us proud by winning not only the 'Best Memorial' prize but also 'Best Oralist' prize (Hazralika Hamzah). This is a clean sweep of all the prizes on offer. I am so proud of all of you. I would also like to add that the all top three oralists were also from UiTM. First runner-up: Azinuddin Karim; Second runner-up: Afif Ahmayuddin. Special mention must also be made of our Respondent team who were undefeated through out the tournament. Faez Razak and Hazralika Hamzah ... you guys are the 'bomb'.

During the preparation for the competition, the leadership provided by team captain, Azinuddin Karim not only kept the team together, but also inspired the others to fulfill their potential. He is the heart and soul of the team.

In the excitement of victory, let us also not forget Miss Ummi Hani who provided the team with expert advice on international law. Those of us who have the pleasure of working with her know that we are probably seeing a future professor emeritus of international law in the making here. Ummi, you are a genuine international law expert. You truly have no equal in UiTM as you can now legitimately law claim to being an intellectual giant. That probably explains why you are such a geek who lives and breathes public international law. :-)

Pn Mazlina Mahali is now officially a master logistician. Without you, the team would not be able to function properly, i.e. no place to stay, no food to eat, no snacks to nibble on. Thank you for taking on the burden of preparing all the paperwork. You efforts are greatly appreciated.

This year's victory did not happen overnight. Mooting is like a ULCC (Ultra Large Crude Carrier). Whatever measures we have put into effect in the last five years are now finally paying off. It is indeed true that 'Rome was not built in a day'. Many thanks to the knowledge learnt from previous UiTM Jessup teams, in particular I have to single out Tuan Hurman for providing inspirational advice. The foundation of the 2010 victory is primarily built on UiTM's Moot Club. Prior to the setting up of the club, mooting activities were in disarray in the faculty. There were too many people who wanted the glory but did not want to put in the effort. Thanks to the club's founder, Pn Sharifah Saeedah (soon to be 'Dr Sherry'), mooting is now a structured activity in the faculty, with the current advisers Miss Ummi Hani and Pn Mazlina Mahali giving dedicated service to the club. The club greatly appreciates Assoc Prof Dr Musrifah who was very supportive in the setting up of the club, and also Rijalul Fauzi (Founding President) and Adzim Amir Hamzah (Founding Vice-President) who steadied the ship in the early days of the club.

As the 2010 victory has not been widely reported in the mainstream media, for the record, this is the victorious team:

Azinuddin Karim

Afif Ahmayuddin

Hazralika Hamzah

Faez Razak

Hilwa Bustam

WE WON JESSUP 2010!!!

After a ridiculously long wait. The impossible finally happened.

More pictures here.

Jessup 2010's Compromis is out.

Aspatria and Rydal... In the tradition of keeping the parties to always have names beginning with A and R, as in Appellant and Respondent.

Read it and weep.

Download it here.

Dean's Cup Challenge: INTER PART 2009

Thanks to all who have done so much to make this happen.

See you next year.

Full report will be posted sometime this week.

Images by: Farhan Ariff

The Dean's Cup Challenge Inter-Part Moot Competition 2009

The UiTM Moot Club's annual inter-part competition is back.

When: 5 - 6 September 2009

What time: 9AM onwards

Where: CempakaONE.. yes, the spanking new Moot Court.

As you are well aware, moots are rather complicated. you will need to get your hands on the moot problem, go through the grounds of appeal, research the law, write the submissions, prepare a bundle, submit both on the 1st of september, and come to the oral rounds where you submit your points with minimal hand gestures and bullshitting, support your arguments with reference to your bundle of authorities, observe court decorum and remember that there's no POI or drama-like objections.

Go bug the moot bench for more info in case you've finally decided to test ur skills handling judicial pressure and compiling research that will be envied by future conveyancing lawyers. Hehe..

p/s: You don't have to bring food. It's Ramadhan.

Download the Moot Problem here.

RSVP here.

LAWASIA Moot Competition 2009

The competition was held on 8 and 9 August 2009 at the Kuala Lumpur Regional Centre for Arbitration (KLRCA). UiTM registered a record number of teams, i.e. 4 teams with 3 mooters each (12 mooters in total). The moot question concerned a dispute that involved a sunken wreck and a salvage agreement between the salvors and the government of Rolga.

At the first stage of the competition, there were 5 groups. Unfortunately, due to the luck of the draw, two of our junior moot squads were drawn to meet one another during this group stage. Anyway, by the end of day one, UiTM had three teams (plus one from ATC and another from UKM) that made it through to the final.

The next day, sadly, after all the final group stage matches had taken place, teams from UiTM finished third, fourth and fifth. Victory would have been sweeter but what the teams had achieved is remarkable considering that the anchor mooters (those who mooted the most) were first time mooters. I cannot help but to imagine what if I had planned our strategy differently and let the seniors anchor from the start. Anyway, the main purpose of entering the competition was for the junior mooters to gain experience. Thanks to the Bar Council and organisers (Mr. Raphael Tay) for accommodating so many teams from one university.

Congratulations to all the teams from UiTM. Also, congratulations to ATC (Champions) and UKM (Runner-up). Good luck in Vietnam for the international rounds.

Mr Raphael Tay, if you are reading this, any news on whether the third place team be going to Vietnam as well?

Moot Workshop

MOOT WORKSHOP
Inter Part Moot 2009

The UiTM Mooting Club is looking for aspiring young mooters to be groomed and moulded to represent UiTM in future moot competitions.

For that reason, we will be organizing the Dean's Cup Inter Part Moot Court Competition and are calling upon interested and committed individuals to participate in the Moot Workshop and subsequently the competition.

For Part Four students, get that confused look off your face and come join us and prepare for that mysterious thing you know as mooting.

Date: 15th August 2009
Time: 9.00 AM onwards.
Venue: That brand new Auditorium.

For further info, please bug Elli at 017 379 3816. Or in case you don't fancy girls, contact Arif at 014 825 5669.

Click here to RSVP the Facebook event.

LawAsia 2009

The writer is currently not on site, but the story goes that UiTM's LawAsia moot team is undefeated. Three of the FOUR teams that we sent will be going to the second round, meeting ATC and UKM.

Once all hearsay is clarified and the bunch comes home to Shah Alam with the full report, this blog will surely be updated. Maybe even with a few pictures.

So gambatte to the teams of Ika-Faez-Afif, Azin-Khairil-Rue and Shaq-Shai-Esah. Please kick some more behinds tomorrow.

The day UiTM mooters scared the crap out of the n00bs

We are not telling you what happened behind the Moot Court's closed doors. Suffice to say, some of the juniors may have sworn to always bow when they see us.

And Azinuddin was very 'helpful'. Goes to show that you can never separate the club from the dictator. Ever!

And this was presented during the club promo, earlier in the afternoon. Afif talked about something. We didn't quite get him. But the newbies may have understood something. We saw some clapping for an encore from Afif (maybe. Or maybe they were just cheering his style).

Lame video. I know. It was done in less than half an hour. We lost the more 'gempak' video that was shown during last year's inter-part.

Ad Hoc Committee Interview

Ad Hoc (Volunteer) UiTM Mooting Club 09/10

The UiTM Mooting Club is calling for all law students who are interested in becoming one of the ad hoc committee members of the club.

An interview session will be held as follows:

Date: Monday, 13th July 2009
Time: 12.30 PM
Venue: C2 B02

Any enquiries, feel free to contact:
Elli, 017 379 3816

LAWASIA Memorials

It seems that the absence of the team mascott has rendered this blog rather silent.

Be that as it may, the Moot Club is proud to announce that LAWASIA will be coming up in early August, and the team is working tirelessly to complete the memorials. Though the subject of marine salvage and treasure hunting seems a tad bit dark and unknown, rest assured that these psychos are up to it. Let's face it. When a client comes to with a bunch of issues you know peanuts about, you will just have to take the file, put on a face and say, "Sure.. I'll do it".

Same principle applies.

The Maritime mooters are sadly grounded from flying to Brisbane due to outbreak of the swine flu. It may sound proper to call it by its scientific name A(H1N1). But we do not care. There's always other competitions.

Which is why we are also happy to announce that UiTM will be sending FOUR teams to LAWASIA:

Team 1
Afif Bin Ahmayuddin - Bachelor of Legal Studies (Hons) Year 2
Hazralika Binti Hamzah - Bachelor of Legal Studies (Hons) Year 2
Faez Bin Abdul Razak - Bachelor of Legal Studies (Hons) Year 2
Dr Irwin U.J Ooi (Coach)

Team 2
Hilwa Nazifa Binti Bustam - Bachelor of Legal Studies (Hons) Year 2
Muhammad Danial Bin Mohamad Nizam - Bachelor of Legal Studies (Hons) Year 2
Azad Bin Akhbar Khan - Bachelor of Legal Studies (Hons) Year 2
Mazlina Binti Mahali (Coach)

Team 3
Mohd Shaqib Bin Shamser Mohd - Bachelor of Legal Studies (Hons) Year 3
Shairil Farhana Binti Ruslan - Bachelor of Legal Studies (Hons) Year 2
Siti Aisyah Binti Zainal Abidin - Bachelor of Legal Studies (Hons) Year 2
Ummi Hani Binti Maso'od (Coach)

Team 4
Mohd Azinuddin Bin Abdul Karim - LLB (Hons) 1
Muhammad Khairil Bin Khalid - Bachelor of Legal Studies (Hons) 2
Mohd Ruzaini Bin Zulkifli - Bachelor of Legal Studies (Hons) 3
Dr Irwin U.J Ooi (Coach)

Click here for the Facebook event.

In case you are coming to support, bring food.

LAWASIA Moot Team 2009 Auditions

The auditions were held at the Moot Court on 20 March 2009, 9.30 p.m. A record number of students auditioned for the squad, i.e. 13 (a lucky number for some of you). Thank you to all you brave souls for having the guts to face a bench consisting of Mr Nazim G Shaari, Pn Mazlina Mahali, Cik Ummi Hani and yours truly. Seven mooters were chosen for the team (in order of merit):

1. Hilwa Nazifa (Part 2)
2. Shairil Farhana (Part 2)
3. Shaqib (Part 6)
4. Muhd Danial (Part 4)
5. Azad Akhbar (Part 3)
6. Aisyah (Part 4)
7. Muhd Khairil (Part 1)

The unlucky six who just missed the cut:

8. Mohd Akmal (Part 2)
8. Darren Nicholas (Part 3)
(Both Akmal and Darren are tied for eight place)
10. Aminu Razif (Part 1)
11. Muhd Rahimi (Part 1)
12. Syamimi (Part 2)
13. Farid Afwan (Part 1)

For those who have made it, congratulations and good luck. You are about to embark on wonderful journey of intellectual and personal discovery ... and occasionally gastronomic adventure.

For the who missed the cut, do not give up. Please attend our workshops and do take part in next semester's Inter-Part Moot Competition, The Dean's Challenge Trophy. I am in the midst of dreaming up a devious question for you to handle. Please try out for the next squad.

Irwan Shah Abdullah

LAWASIA Update for UiTM mooters

I'm sorry if you were redirected here after googling LAWASIA. That is entirely Google's fault. But if you are a UiTM law student, then you've found what you're looking for.

The Workshop for LAWASIA kicked off around 9.30 with a 'Mooting 101' lecture by the Lifetime Dictator, Azinuddin Karim. Quite a bunch of people came, including a bunch of part-ones; which is a very good thing.

The not so good thing is that there are not as much female future mooters as I would've wished.

The Audition on the coming Friday is scheduled to 9.00 PM, as opposed to the time set out in the notice.

Therefore, we will see you at the Moot Court on Friday at approximately 9.00 PM.

Samples of last year's Jessup winning memorials can be obtained by clicking here and here.

p/s: Seriously, we need more female mooters.

LAWASIA Mooting Competition 2009

AUDITION

Fellow Law Students,

The UiTM Mooting Club is looking for aspiring young mooters to represent UiTM in the LAWASIA Mooting Competition, scheduled on the 4th to the 5th of July this year.

For that reason, we are calling upon interested and committed individuals to participate as solicitors and subsequently audition as mooters for the said competition. Details of the audition are as follows:

Date: 20th OF MARCH 2009

Time: 3.30 PM

Venue: MOOT COURT UITM

Those who wish to audition is required to attend a Moot Workshop to be held on 

Monday, 16th of March 2009 at the Moot Court at 9.00 PM.

RSVP at Facebook. Click here.