Sunday, 21 September 2014

INTERPART MOOT PROBLEM 2014

IN THE MOOT COURT OF APPEAL UNIVERSITI TEKNOLOGI SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN

APPEAL NO: W-004-TF OF 2014

BETWEEN


METAUDIO                                                                                                       ... APPELLANT

AND

SENDERS' WALTZ SDN BHD                                                                        ... DEFENDANT


1.         Winn Hargrove is a world-renowned jazz artiste who to date had earned the prestige of 16 Jazzy Awards. He had in his 50 years career released over 20 albums which at least 12 of them went platinum with record-breaking sales. Mr. Winn had earned his voluminous accolades because of his attention to sound precision and quality. There had been no releases of Mr. Winn that were short of an audio innovation and sheer marvel. Mr. Winn is the quintessential audiophile with the added insights of audio engineering genius.

2.         After half a century being involved in the music industry, Mr. Winn had an epiphany. He had envisioned sharing his work at a more intimate zenith. Instead of releasing a fully-composed audio recording to the masses, Mr. Winn intended to share to his listeners how he perceives sound in its fullest attention and detail. In his work, there is not a parsec of room for even a decibel of noise.

3.         Mr. Winn set forth to pursue his vision and had invented the “Incognito”, an active sound-cancelling dynamic over-ear headphones. The blueprint of the headphone shows that the headphone was engineered to generate the purest unperturbed sound. The make of the headphone is a complex hybrid of a carbon-fibre body, high-definition ultra-magnetic coils, solid gold input and output jacks, and mahogany tone-wood cups for maximum noise-cancellation, anti-coloration and high fidelity. The headphone boasts a ground-breaking frequency range of 5Hz to 75 000Hz. The headphone’s ear caps are made out of memory-foam and sown over with a weave of high-abrasion suede and leather for the perfect fit and durability.

4.         Mr. Winn had since under his own label, Metaudio, manufactured 5 million units of the “Incognito” for worldwide sales distribution. The Incognito’s sales motif is set as “High and Low, Incognito”. A full-blown marketing campaign was scheduled to launch in March 2014. The label is a company incorporated in London.

5.         For distribution in ASEAN countries, Metaudio had contracted with various distributors in different countries to be sold to many other certified retailers. For the distribution in Malaysia, Mr. Winn on behalf of Metaudio had initially emailed the Managing Director of Senders’ Waltz Sdn. Bhd. (a wholesale and distribution company incorporated in Malaysia), Miss Rania Olstead the following excerpt:

“Dear Miss Olstead,

The Incognito is not just a mere consignment. What I intend to distribute is an experience, not mere goods. What you are dealing with are cutting-edge equipment and materials which beg for proper handling and care. If Metaudio was to take you under our stride to distribute these experiences, I would take it that you share my understanding and concerns.

“High and Low, Incognito”

Yours exuberantly,
Winn Hargrove” – sent [8.12.2013]

To which Rania had replied the following:

“Dear Mr Hargrove,

We are honoured that you would consider our services to distribute your headphones. We are willing to extend our utmost cooperation in ensuring that the headphones are distributed in working condition alike all other contracts that we had in our years of business.

We had not even once failed your previous consignments of all your releases in the past. It is, was, and always will be our pleasure to have done business with Metaudio and yourself, maestro, for the past 5 decades.

“Let Senders Waltz”

Yours faithfully,
Rania Olstead” – sent [9.12.2013]

To which Mr. Winn followed with the following reply:

“Dear Miss Olstead,

I am glad that we both are on the same page.

“High and Low, Incognito”

Yours exuberantly,
Winn Hargrove.

7.         Following this exchange of emails, Metaudio had entered into a distribution agreement, the Malaysia Incognito Distribution Agreement (the “MIDA”) with Senders’ Waltz for the distribution of 250 000 units of Incognito. The MIDA was entered into between the two parties on 1.1.2014. The salient terms of the MIDA are as follows:


Clause

1a.       Metaudio Inc, (“the supplier”), agrees to supply, for the purpose of distribution in Malaysia, 250 000 units of the Incognito Headphones (“the headphones”), to Senders’ Waltz (Malaysia) Sdn Bhd, (“the distributor”). The supplier agrees to employ the distributor’s services for the purpose of distributing the headphones to retailers in Malaysia.

1b.      The distributor agrees to take delivery of the headphones in Malaysia, as the port of destination for the purpose of distribution in Malaysia.

2a.       The supplier agrees to ship the headphones to the port of destination on 15.2.2014 on-board the vessel, SS Coltrain as nominated and agreed by both parties.

2b.      The distributor agrees to take delivery of the headphones shipped on-board the SS Coltrain on 15.2.2014. The distributor shall ensure that the headphones are distributed in proper working condition. The supplier shall have their representative at the distributor’s warehouse for the final inspection of the headphones before the headphones are distributed to retailers.

3a.       The risk over the headphones shall remain with the supplier until the headphones are delivered to the respective retailers in Malaysia.


8.         On 15.2.2014, Rania had already mobilised Senders’ Waltz’s trucks from their base in Johor Bahru to Klang Port to accept delivery from Metaudio. However, as the day grew weary and dark, SS Coltrain was nowhere to be seen. The Port’s manifest had not registered any docked vessels by the alias of SS Coltrain. At about 6.00pm on the same day, the flustered Rania received a phone call from Mr. Winn. Mr. Winn’s baritone voice chimed in a jagged rhythm as he explained the absence of SS Coltrain. Mr. Winn explained that SS Coltrain could not set sail today. Mr. Winn exclaimed:

“The voyage had to be delayed as the port of shipment had booked all their vacuum-sealed containers for other consignments prior to the headphones. The headphones itself were not vacuum-sealed for environmental reasons. As an avid environmentalist, the vacuum sealed plastic bags would only be unsealed and thrown away by his listeners. Only a handful of people in the world are conscious enough to break their backs to recycle. Most of them would simply bludgeon the environment further having the plastic packages burnt in incinerators and illegal open burning. Moreover, as the target audience of the headphones are audiophiles, this segment of listeners would most probably own their own vacuum storage unit to store their intricate electronics and musical gadgets to keep them from oxidation and dampness. I reiterate that the headphones were made of mahogany tone-wood, a luscious songstress wood material. If the headphones were not sealed in vacuum, the headphones risk exposure to moisture and the wood components would indubitably be compromised of its integrity and the reverberating trait they hold. Especially along the port-side, the density of sodium chloride (known to mere mortals as common salt) is more prevalent in the air which increases the risk of oxidation of the metal components of the headphones.

Metaudio had no choice but to delay delivery to the port of shipment for three (3) days pending the availability of vacuum-sealed containers. The consignment would arrive 3 days later than the agreed date as per the MIDA.”

9.         Rania in turn in the same telephone conversation stated that the delay is unacceptable. The delivery will fall outside of the agreed date in the contract. Rania exclaimed:

“Late delivery on your side would mean late delivery on our side. This will go beyond the contracted date. I have already mobilised my carrier trucks in Klang Port from Johor. That travel is nearly half of the country itself. As much as we had been in business together for years, you still can’t expect Senders’ Waltz to return the trucks back to Johor Bahru. It will be a waste of resources of time and petrol. You will have to bear our expenses to remain in Klang for the next 3 days until the consignment arrives.”

10.      Mr. Winn agreed to cover Senders’ Waltz expenses in accommodating their stay pending the arrival of the consignment in Klang Port.

11.      On 19.2.2014, SS Coltrain safely berthed at Klang Port and unloaded the headphones onto the port. At about 3.00pm in the evening, all the headphones were successfully loaded unto the trucks. However, when one of the trucks was revved up to move, the ball-joint between the truck chassis and the cargo jerked violently and split into two. It was later found that for the last three days, the trucks were left to park at the port in the open air. The ball-joint seems to have rusted to the point of breakage. Rania then immediately telephoned Skodania, the after-market service providers for Senders’ Waltz carrier trucks. To Rania’s disdain, Skodania can only bring the spare-parts and their mechanics for repair works the following day on 20.2.2014. Rania had no choice but to postpone the transportation till the next day. Rania then telephoned Mr. Winn to inform of the unfortunate mishap. The trucks had to travel in a convoy for the purposes of security.

12.      Mr. Winn was thoroughly disgruntled. He could not bear the thought of having the headphones sitting senselessly for another day. Rania answered that they would bear the cost for the one day stowage of the consignment in Klang Port. Mr. Winn reminded Rania that the headphones require proper storage to prevent deterioration and damage.

13.      Rania promptly called on the port officials to ascertain if there were cargo holds still available to stow the consignment for the rest of the day till tomorrow when the damaged truck was fit to operate after necessary repairs. The port officials explained that there is one cargo hold which was available which had the necessary equipment to store the consignment in a vacuum. However, the officer who had the expertise to operate this specialised equipment was on leave for the whole week. Rania skimmed through her contacts to see if there was anyone that within her network that might have the expertise to operate the hold around the Klang Valley area.

14.      Fortunately, Rania recalled that Mr. Har Bee Han Kuok, a storage specialist from Han Kuok Specialty Storage and Delivery Sdn. Bhd. had his registered address in Petaling Jaya. She immediately dialled Han Kuok to identify if he would be able to assist Senders’ Waltz with storage management. Han Kuok immediately drove to Klang Port to assess the situation.

15.      Upon assessing the consignment and storage hold, Han Kuok identified that he would be able to operate the hold’s equipment. Both Rania and Han Kuok quickly drew an agreement:

A.   Han Kuok (“the handler”) shall be employed from 19.2.2014 till 20.2.2014. The handler shall follow all the instructions and guidelines provided by Senders’ Waltz (“the company”) in the management of the consignment.

B.   The handler shall stow the consignment in a vacuum state utilising the equipment available in the cargo hold.

C.   The Company shall pay the handler remuneration for his work.

16.      On the following day, at the time the hold was opened, it was found that there were vapours on the seams of the headphones’ packaging. It can be seen that the foam paddings securing the headphones in their packages were slightly damp. It was later found that Han Kuok had not secured one of the vacuum seals of the cargo hold.

17.      Notwithstanding the state of the headphones at that time, Senders’ Waltz proceeded with their journey and finally reached their headquarters in Johor Bahru. Mr. Harry Mason, Metaudio’s inspections officer and representative conducted final inspection of the goods with his team in Senders’ Waltz warehouse. The inspection concluded that at least 35% of the headphones had a more profound sound absorption rate than the other 65%. Sound waves were lost and were not channelled properly into the audio engine.

18.      The inspection found that the cause of the weaker sound integrity was damp mahogany tone-wood structures in the headphones. The affected headphones now could only boast a 20Hz - 35 000Hz frequency range. Nevertheless, the headphones are in working condition. These results were then communicated to Mr. Winn Hargrove.

19.      Mr. Winn was thoroughly infuriated. Without a moment’s hesitation, Mr. Winn had called for a total-recall of all the units shipped to Senders’ Waltz. Mr. Winn then communicated to Rania that Senders’ Waltz had conducted itself negligently and in total disregard of the contract as the headphones were not up to spec.

20.      Rania however replied that Senders’ Waltz had not been in breach of the contract. The headphones are indeed in proper working condition. The headphones are able to properly function as they were intended to be used. There was no reason for the total-recall of the headphones. In fact, not all of the headphones were affected. Furthermore, Senders’ Waltz should be absolved from any liability even in the instance of negligence. Senders’ Waltz understood that the MIDA shall be similar to all of our contracts in the past which provides the following exclusion clause:

“cl. 89:
The distributor shall not be liable for any damages whatsoever on the goods caused by neglect and/or wilful neglect on the part of the distributor.”

21.      Notwithstanding Rania’s revolt, Mr. Winn gritted his teeth, slammed his fists on his marble table and stood firm with his decision. All the headphones were recalled by Metaudio. Metaudio then had filed a suit in the High Court of Universiti Teknologi MARA, which stood trial before Judge Zairi Zainudin. The High Court had held the following:

      I.   --  It was clear from the construction of the MIDA itself that time is of the essence. As the Plaintiff had first, delayed delivery to the port of shipment, they had breached the contract.

    II.       - The Defendant was not in breach of the MIDA as the headphones were indeed in working condition, fit to perform and operate as it was intended to perform and operate as headphones at the time the goods were in the Defendant’s possession.

   III.        - The Defendant was not at all negligent in the care and management of the headphones and even if the Defendant was negligent, they are absolved from any liability as the exclusion clause relied upon by the Defendant applies as intended by both parties in the making of the MIDA.

  IV.      - The Court finds that Han Kuok is the employee of the Defendant, and that the Defendant should have been vicariously liable for Han Kuok’s negligence. However, as the Defendant is protected by the exclusion clause, the Defendant remains absolved from any liability.

Claim dismissed. Judgment for the Defendant, Senders’ Waltz Sdn. Bhd.

Metaudio now appeals to the Court of Appeal of Universiti Teknologi Mara against Zairi Zainudin J’s decision.


Moot Author
ZULFIKRI IBRAHIM

Friday, 4 October 2013

INTERPART MOOT PROBLEM 2013

IN THE MOOT COURT OF UNIVERSITY TEKNOLOGI MARA
AT SHAH ALAM
(APPELLATE JURISDICTION)

Between

BEAST FRANKLYN                     …APPELLANT

                
And

THE MALAYSIAN ASSOCIATION
FOR AUTHORS AND JOURNALISTS.                    …RESPONDENT
    

Beast Fraklyn32, was a St Roque School of Journalism graduate, whose academic achievements was never short of excellent. It landed him a job as a journalist at Eggleston Co., a company renowned for its high profile publications.

Despite his impressive bulk, Beast had always been thought by many as an effeminate man, rendering him shunned and treated much like an outcast by some of his peers.However, initially Beast did not think much of it as he always had a healthy spirit of confidence and unswerving determinationMore so, his superior regarded him as one of the best journalist Eggleston Co. has ever seen.

What Beast’s superior and peers did not know was, he was born with Gender Identification Disorder (GID), a condition in which ones physical sex does not match the perceived sex of the individual. He had consciously struggled with this disorder since his childhood years but he tried not to take too much notice of it.

As years passed by, and being an accomplished journalist at Eggleston for almost five years, he could no longer conceal his inner struggle to be seen as a man although deep down he felt so ‘womanly’. Beast’s difficult battle had left him feeling depressed andistraught. His performance at Eggleston was nowhere near his previous accomplishments, leavinnot only him but his superior worried and bewildered by his sudden lack of focus. Beast’s state of depression was a cause for concern, and seeing this his superior gave him one month leave of absence.

Besides that, in two months time, Beast was to be present at the most prestigious journalism award ceremony in Malaysia hosted by The Malaysian Association for Authors and Journalists (MAAJ). He was to receive the coveted “Malaysia’s Hot Journalist of 2013” for his highly acclaimed reporting skills.

His superior was very intent ipreparing Beast (mentally and emotionally) for the award ceremony, as members of the public already knew that Beast was to receive the award.

It was during his leave of absence that Beast did the unthinkable ; he flew to Thailand to undergo a sex change operation. However, everyone was kept in the dark as to his intention to do so as he was sure that it would not in any way alter his stellar performance at Eggleston.

After the successful sex change operation, Beast resumed work at Eggleston. “Call me Beatrice. I am no longer a beast”was the response that Beast gave when his people glared and stared at him.  

A week later, Beast was summoned to his superior's office. He was not prepared for the exchange that followed. He was informed that The Malaysian Association for Authors and Journalists had reached a unanimous decision irevoking the “Malaysia’s Hot Journalist of 2013” award, as Beast’s behaviour was deemed to be immoral anwould disrupt the office's morale.

A few weeks later, Beast instituted a suit against The Malaysian Association for Authors and Journalists,claiming that the revocation of award by The MalaysiaAssociation for Authors and Journalists, unlawful and unconstitutional as per Article 8(2) of the Federal  Constitution.


On a preliminary ruling, Ross J held that:

Article 8 did not include protection for transsexuals and stated further that "if the term 'sex' is to mean more than biological male or biological female, the new definition must come from the Parliament."

The trial court concluded further that The MalaysianAssociation for Authors and Journalists had not discriminated against Beast because he was a male or afemale, but because he was a transsexual -- "a biological male who takes female hormones, cross-dresses, and has surgically altered parts of her body to make it appear to be female."

Therefore, because Article 8 did not prohibit discrimination against transsexuals, the trial court entered judgment in favour of The Malaysian Association for Authors and Journalists.

Beast is left dissatisfied with the judgment delivered by Ross J in the trial court annow seeks to appeal to theUniversiti Teknologi Mara Moot Court.

Beast advances the position that he ought to have been kept on as the “Malaysia’s Hot Journalist of 2013” awardrecipienregardless of gender as he had and continues to have the necessary occupational experience, skills and knowledge to perform the duties required of a stellarEggleston journalist. 

Wednesday, 21 August 2013

The ALSA Moots 2012 / Operasi Bersih 1.0

Who knew that the Bersih Operation actually took place on the 27th of April 2012 instead of on the 28th.Below is how the story unfolds. 

The line-ups for the Asian Law Students Association (ALSA) Moots 2012 are :

Addibah Adnan (Dibsy) acting as the 1st Appellant
 Atif Abdullah (Tiffy) the 2nd Appellant,
Azalea Azarae (Wombat) as the 1st Respondent and finally,
Azim Razak (Terminator) as the 2nd Respondent.

26th April 2012

It was the last day of training for the ALSA mooters. Only then did reality dawned upon the ALSA mooters that heck, the competition is tomorrow! Pressure struck, but it was immediately mellowed down when Alia and Danial came with IKEA curry puffs, so heavenly that even  Fikie Moe brushed his regimented diet aside to enjoy a few mouthfuls. Truth be told, I was confused whether this was a training session, or a party. There was Keropok Lekor, Pisang Goreng and Cekodok on the table instead of scripts and cases! But, it is moot, and for UiTM mooters, food runs parallel with moots. The day ended around 9 pm where it was agreed that the mooters will meet up at the faculty around 6.30 am the next morning.

27th April 2012
I (Wombat) was the first to reach the faculty at 6.30 am alongside Adila and ‘The Damanhoori’. Soon after Zufar arrived with Atif and Azim. I gave Fikie Moe a call only to find out that he just woke up! The congregation left exactly at 7.30 am for Universiti Malaya (UM). We reached UM and straight away headed to the foyer to have breakfast where we were joined by a large group of supporters, namely, Wombat’s whole family! There we were informed that HELP University have forfeited therefore the rounds have to be restructured. The first round was at 10.30 am between Universiti Teknologi MARA’s (UiTM) Respondent team and Universiti Sultan Zainal Abidin’s (UniSZA) Appellant team. It was an active session whereby her Ladyship was very much ‘pleased’ and complimented our ability to address her concerns quickly and creatively. We were quick on our feet in addressing her questions and mooted with such confidence resulting in her Ladyship to be belief that they we were not first year students! As for the Appellants, their first round started at 2.30 pm.

The afternoon match was between the UiTM Appellant Team and the UniSZA Respondent Team, and the UM Appellant Team and the UiTM Respondent Team. Addibah and Atif submitted with poise in front of the presiding judge all the time maintaining eye contact and putting up a strong fight to the equally good mooters at the opposite end of the court. Addibah’s ability to conjure up answers in the blink of an eye has to be noted as it really impressed the bench. The Respondent’s second round against the UM team begun around the same time at Dewan Kuliah C. It was a successful round for us as his Lordship dismissed the Appellants claim and in his comment praised yet again the Respondent’s ability to address his questions efficiently. Thus, that concludes our preliminary rounds. As for the Appellants, their second round was immediately after their first round. Again the combination of Addibah and Atif proved to be a lethal one as they mooted before the bench with such composure thus convinced the bench to believe and side with their cause. After 4 hours of back to back mooting, they finally got a break and the team returned to the foyer to catch a breath before the result of the breaking teams were released. In less than half an hour, all of the participating teams were gathered in the Tun Suffian Auditorium for the announcement of the teams that made it to finals. The long-time dream of the Moot Team finally materialised when the results were announced, it was to be an all UiTM finals! This marks the first step of the Bersih Operation by the UiTM team. Before the final round began, dinner was served. It was chicken chop with chips and mashed potatoes, really good dinner, and it was made even better with the company of newfound friends from UniSZA and UM. Sharp 8.00 pm the Final Round began. The Appellants were Addibah and Atif whilst the Respondents were Azalea and Azim. Eventhough it was an all UiTM finals, neither team took the round lightly, and on the contrary, both team mooted excellently, giving their very best, putting a show before His Lordship and Her Ladyship and those present that day. The same appraisal was delivered by the bench, that both teams were able to respond to the bench’s question blow by blow. It was not long before the result of the first ALSA competition was released. The bench dismissed the appeal, and the win went to the Respondents, though in truth, both teams were winners, as such success is impossible to achieve without the help and support of each and every one. Now, the reason why the 27th of April is the Bersih Operation Day for the ALSA team is because, the team won every single prize offered.

Best Oralist. Check. – Azim Razak.
Best Memorial. Check. – UiTM Respondent Team.
Best Team. Check – UiTM Respondent Team.

The UiTM ALSA team swept clean all of the prizes offered, hence, Operasi Bersih 1.0. It is impossible for the team to achieve success of this magnitude without the help of many people. The Moot Problem was a jumble of Land law, Constitutional Law, and Administrative Law. It is safe to say that except for Constitutional Law, Atif, Azim and myself had a whirlwind lecture on all of the other areas of law. Our utmost gratitude to Madam Normawati for teaching us and guiding us on how to tackle such issues. The numerous Skype sessions we had shows how high your level of dedication is to your students and your faculty, and to that, we will be eternally grateful. Dr. Irwin. A man so selfless that he’ll succumb to performing his husbandly, yes, husbandly duties in advance just so that he’ll have time to spend time with us for training, thank you. To the Mrs too this time, for allowing us to ship Sir away during the holidays. Miss Ummi Hani, who sacrificed her movie time, to hear us submit, over and over again, and over and over. It’s mind-boggling really, and for that, Miss Ummi, thank you, for perfecting our submission. Student-trainers, Fikie Moe and Zharif! The two amazing-est, funniest, smartest and yes, hottest coaches, THANK YOU! You, dearest trainer, give yourself too little credit when you actually are one of the key to our success. Zharif, you’ve guided us much along the way, and spent time to further better ourselves in moot and for that, thank you. Farhan, Ellena, Marly, and Hannah, thank you for supporting us throughout the competition.

Last but not least, this is just the beginning, the first step of many. My sincerest hope is that we will be able to repeat this success.

Echoing the words of Douglas McArthur –
Build me a son, O Lord, who will be strong enough to know when he is weak, and brave enough to face himself when he is afraid, one who will be proud and unbending in honest defeat, and humble and gentle in victory.”

And with that, I sign off as Captain for the 2012 ALSA Team.       
                                                                                                     
                                                                                                                                             -Wombat

Wednesday, 27 March 2013

Jessup 2013 - Malaysian National Rounds - Part 1

As is the tradition, a member of the team shall submit a write up for the past tournament, and proclaim whether justice has been upheld or the end of days have come early.

It is my honour to complete this rite for the 2013 national rounds.

____________________

The rounds began early on a misty Saturday morning, with two cars leaving the green hills of Shah Alam (A white WTD and a blue ABU) for the valleys where Universiti Malaya is located.

Registration had already begun when we arrived, trembling with trepidation, at around 8.30 am. After the brief introductory speeches from the hosts, along with the usual reminders on the rules set by ILSA for this competition, all of the teams left for their holding rooms eager to begin battle.

Unfortunately, (or fortunate, your take!) our rounds were in the afternoon. Hence we spent the time lounging around in the air conditioned tutorial room at the end of the hallways.

____________________

After an early lunch (for me at least), our afternoon sessions began.

(Picture: the team with Dr. Irwin, one of our dear coaches.)


Our first round was against the hosts themselves, the defending champions. With a humble confidence, agents Farhan Zafry and Hannah Nasir along with bench counsel Afif Daud began their superb attempt at defending a submerged state in front of three esteemed judges, in the large Tun Suffian auditorium.

The first round ended with a clear win for the UiTM Applicants, 8-1.

____________________

The second round featured agents Azim Razak and Marlysa Razak along with the trusted help of Afif Daud, against a worthy foe from the Universiti Utara Malaysia.



After answering question after question, UiTM again came up on top winning 9-0.

That was the end of the Saturday sessions, and we headed back to our homes for a much needed rest.
____________________

The second day began similar to the first day, with the exception of ABU being traded with a green Myvi.

The third round continued our title challenge, with the Applicants coming up against highly experienced agents from Universiti Kebangsaan Malaysia.

However, no matter what adverse strength were upon them, agents Farhan and Hannah managed to turn the tables around and dazzle with another win, this time for 6-3 (3 being memorial scores).

____________________

Later on, causing one of the agents to miss his lunch (hey, UM moot food is good!), the fourth round was to take place at 12.30. This time it was against a dreaded Universiti Sains Islam Malaysia side, as per the reputation this particular team had garnered this year when it earlier beat several acclaimed universities.

One of the difficult questions posed by the President in this round, is as to whether the agents for Respondent were indeed siblings. The agents hope the answer was satisfactory!

Climbing everest, or turning back and finding other ways to fight the huge challenge that the law posed,  the Respondents from UiTM succeeded in defeating the USIM mooters. (I am unsure if it's 9-0 or 8-1, though.)

____________________

AND WE ARE THROUGH TO THE FINALS. WOO!

(The Respondents with Miss Ummi Hani, awaiting the final round.)


The sides for the finals were decided at the toss of a coin, and the lucky hand of Miss Ummi Hani (one of our beloved coaches) got us a place as the Applicants. Agents Zafry and Hannah were going to submit before the International Court of Justice, in front of a huge crowd at the Tun Suffian auditorium.

After deliberation (due to a tie), the International Islamic University of Malaysia went through to the finals instead of the hosts, Universiti Malaya.

Hence, this would now be the third big Malaysian team that the UiTM applicants would have to face.

(The team before the finals)


The round featured three highly esteemed judges, YA Dato' Mah Weng Kwai on the left, Datuk Gopal Sri Ram as the president of the ICJ in the center, and Mr. Stewart Manley from MMU on the right. (Positions were as per the competitors; and spectators' views)

The oralists barely got to get started before the President fired shot after shot, every salvo heavily damaging both sides' counsels as they rarely got to stick with the speeches earlier prepared. This coupled up with difficult questions posed by the other two judges, proved to make the final round a very nerve wrecking one indeed.

In the end, it was a very close fight and nobody had an inkling as to who would actually come out on top.

Results were to be announced at a later time, presumably after the judges deliberations, therefore everyone shuffled out with bated breath and white faces after the massacre we all observed.

_____________________