CK Ling Izzaida & Irna

On the court record

The firm's record illustrates the recovery of education-loan debts against borrowers and guarantors and the limitation issues that arise, and the difficulty of enforcing family access orders through the contempt jurisdiction.

CK Ling Izzaida & Irna appears in the corpus as counsel in contract, family and civil-procedure litigation, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan) in both English and Bahasa Malaysia.

One matter, argued in Malay, concerned the recovery of education-loan debts. Acting for the appellants, the firm appeared in a civil appeal involving loans granted by a public training authority, comprising a first loan for a master's programme and a second, larger loan for a doctoral programme, each subject to an offer letter and a loan agreement, with guarantors for the principal borrower. The court examined whether the borrower and guarantors had breached the loan agreements, whether the lender was entitled to recover, and whether the claim under the earlier agreement had been filed outside the limitation period.

In family law the firm acted for the appellant in a contempt matter, where a husband appealed against the dismissal of his application to commit his former wife to prison for contempt of a revised consent order concerning his access to the child of the marriage, including his entitlement to holiday access, a dispute that illustrates the difficulty of enforcing access orders through the contempt jurisdiction.

The firm also appeared, acting for the plaintiff, in a probate-related dispute where defendants applied to set aside a judgment in default obtained on their non-appearance at case management, under Order 42 rule 13 and Order 92 rule 4 of the Rules of Court 2012, engaging the thirty-day time limit for such an application and the court's inherent power. The firm's record is a general civil-litigation practice engaging debt recovery, the enforcement of family orders and the setting aside of default judgments across both languages. The pairing of a public authority's recovery of student-loan debt with the enforcement of a parent's access rights and the reopening of a default judgment reflects a busy general chambers in which the recovery of a debt against a borrower and guarantors, the vindication of a family order through the contempt jurisdiction, and the strict time limits governing the setting aside of judgments all feature, and in which fluency across the two languages of the courts is essential.