DIALOGUES FOR CLIENT INTERVIEW.

Receiptionist: Hello, good afternoon and welcome to Zubatrisyia & Co. How may I assist you ?

Client: Hi, I have an appointment with Mrs. Zubatrisyia at 11 am today.

Receiptionist: Oh okay, can I get your name please, so that I can check with the appointment
record.

Client: My name is Mrs. Fara Nadia.

Receiptionist: Very well, please follow me to Mrs. Zubatrisyias office.

Receiptionist: Mrs. Zubatrisyia, Mrs. Fara Nadia is here. She have an appointment with you at 11
am today.

Lawyer: Oh shes here? Sure sure, please bring her in.

INTRODUCTION

Lawyer: Hello, Good morning Mrs. Fara Nadia. We had spoken on the phone
yesterday. My name Zubatrisyia Zulkiffli, the senior partner of this firm.
Please have a seat.

Client: Thank you. (sit)

Lawyer: So as agreed, you want me to provide you with the best legal consultation,
right?

Client: Seriously, thank you so much, and I really appreciate it.

Lawyer: Mrs. Fara Nadia, was it difficult to find this firm?

Client: It was quite easy actually. I just follow the instructions using my WAZE with the
location that you give it to me yesterday.

Lawyer: Im glad to hear that. Oh btw, can i offer you any drinks? Coffee or tea
perhaps?

Client: A mineral water would be fine for me.

Lawyer: (Calls Elliot) Elliot, can you please bring mineral water for our client here.

Lawyer: Maam, Is this your first time meeting a lawyer?

Client: Yes. This is my first time. I was told by a friend that your firm is a good firm when
it come to cases like mine.

Lawyer: Really? It is a pleasure for us to hear that.

Lawyer: (Elliot brings drink) Thank you Elliot.

Lawyer: Okay Mrs. Fara Nadia, before we start the consultation, can you please check
important details in this interview form? (hand over the form) basically the
informations in this form is based on our phone conversation yesterday, so I
just want to double check. But worry not, Mrs. Fara Nadia, all the personal
informations about you are only for our record and filing purposes, nothing
more. Also, can i also have your IC to be photocopied?

Client : Oh yes sure. (hand over the IC)

Lawyer: Thank you Mrs. Fara Nadia. Elliot, please make a photocopy of this IC. Thank
you.

Lawyer: So, are all the details correct?

Client : Everything seems good to me.

Lawyer: Perfect! Okay, Mrs. Fara Nadia, to start, I would like to inform you that our
conversation today is private and confidential whereby it is protected under
section 126 of the Evidence Act 1950 and also under Rule 35 of the Legal
profession (Practice & Etiquette) rules 1978. So i hope that you will not
hesitate to tell us anything or everything that relates to your problem so that
we can provide you with a better advice and solution. Okay Mrs. Fara Nadia?
and also, feel free to ask us anything if you are confused or need some
clarification.

Client : Yes. Certainly. I wish that you will assist and help me in this matter because I
really dont know what else to do, and I am so sad with what had happened.

Lawyer: (Elliot come in and give I/C). Thank you Elliot. Here you go. your IC back.

Client: Thank you. Umm, Mrs. Zubatrisyia, could you please brief me about the fees that
you will charge for this legal consultation?
Lawyer: Oh regarding that matter. Mrs. Fara Nadia, It is our practice here in our firm
to charge based on a flat rate of RM 250 per session, instead of on hourly basis
simply because we believe that the client should be able to consult the lawyers
until he or she fully understand the position of thier case without having to
worry about the fees.

However, If you wish to appoint us as your lawyer for your case and decided
to pursue your claim against the prospective Defendant, we will enter a
separate agreement for costing in a contentious legal matter pursuant to
Section 116 & Section 118 of the Legal Profession Act 1976.

The fees will be determined in accordance with the consideration and

complexity of the case as stated under Rule 11 of the Legal Profession (Practice
and Etiquette) Rules 1978. Ok ?

Client : Oh yes. I understand that perfectly and I agree with the fees charged.

GATHERING FACTS

Lawyer: Great! Well then I shall interview you in regards to your problem, so I really
hope that you could cooperate well so that we can solve this problem together.
Shall we start ?

Client : Sure, no problem. Yes, lets start.

Lawyer: So, Mrs. Jamie, what is it that you want to tell us? I noticed that you actually
sort of anxious while were on the phone yesterday

Client: Actually, Im quite mad and worried actually, I dont know where to begin with.

Lawyer: Its okay. I assure you whatever youre about to tell me is private and
confidential. So dont worry. You may start with anything that is comfortable
with you?

Client: The reason why i came here is because i want to seek for an advice with regards to
non-payment from the other parties.

Lawyer : I see, to understand the case, can you please brief us on what actually
happened?
Client: Actually I and the other parties named, Kang Siwon entered into a Sale and
Purchase Agreement

Laywer: May I know when and what type of Sale and Purchase Agreement?

Client: That guy sold me a piece of land on 25th December 2016 and the land was held at
and the District of Shah Alam, Selangor. Then I pay him full price and it was RM
340 000.00.

Lawyer: I see, did you bring the Agreement and the issued document of title as
reference ?

Client: Yes! Thank god I bring the Agreement, but I dont bring the IDT because I do not
have one.

Lawyer: Ouh, why is that? Is there a problem?

Client: Now, heres the problem Mrs Lawyer.... before the transfer of land finish, on 2nd
March 2017 a part of the land had been acquired by the government. The
government did award him the compensation money. I did received the letter from
the government and the sum is up to RM 144,200.20.

Lawyer: Ouh, I understand. Then what did the owner of the land do after that?

Client: I thought he was going to compensate all the money that I have paid to him after
the agreement has not fully done. However, 14 days has elapse and I havent
received anything from him. I called him text him but I didnt get any news. Im
quite worry now cause I dont even get the land and I lose all my money to him.Im
afraid that I cannot do anything to get my money back.

Lawyer: Alright now, dont worry Maam, right now may I know did you bring the letter
from the government?

Client: Actually there is. I dont know if this can be useful or not I just bring it anyway just
in case..

Lawyer: Ouh yes, its perfect, this can be the prove that the land had actually being
acquired by the govenment cause the Agreement to be fell through.

Client: Hmm, can you explain little bit further? I dont really understand when you said the
Agreement fell through.
Lawyer: Dont worry I will explain them in details but before that do you mind if I repeat
again the facts of your case and if theres any loophole or misleading facts
please do not hesitate to fix okey Maam?

Client: Alright sure.

Lawyer: Okey, on 25th December, you Mrs Fara Nadia had signed an Agreement with
Mr Siwon with regards to the transfer of a land which was held under in
details, H.S.(D) L.P. 572/79, PT. 1965 in the District of Shah Alam, Selangor.
During the execution you had made a full payment of the transfer which up to
RM 340,000.00. Then on 2nd March 2017, the transfer has not yet executed,
not a whole land but part of it had been acquired by the Government. You
received a copy of the letter pertaining to the said matters. Through that letter
as well, you found out that the Government had compensate Mr Siwon RM
144,200.20. After that, you patiently waiting for the owner of the land to return
the paid money back to you and this has been delayed for about two weeks
already correct? So now you wanna know how to get you money back as you
also fail to acquire the said land. Is there anything you would like to add?

Client: Yes, during the two weeks period, I contacted his nephew, the one who witness
during signing the agreement to purchase. He said that Mrs Siwon is preparing to
leave for Korea in couple of weeks. So Im scared that he might run away together
with my money.

Lawyer: I see alright will add that one too. Is that all? Anything else?

Client: Nope, I guess thats all.

LEGAL ADVICE

Lawyer: Now Maam, in our Malaysia Law, under section 57(2) of the Contract Act
1950, mentioned that:- Contract to do act afterwards becoming impossible or
unlawful

(2) A contract to do an act which, after the contract is made, becomes

impossible, or by reason of some event which the promisor could not prevent,
unlawful, becomes void when the act becomes impossible or unlawful.
 Firsty, if something happened to that land that cause the transfer to be
impossible to execute then your Agreement with Mr. Siwon shall be void
means the Agreement to trasfer the land does not happening in the first place.
Your situation is the same as in a case of Lee Seng Hock V Fatimah Bte Zain
[1996] 3 MLJ 665, where in this judgement it was mentioned that;

When the land was compulsorily acquired and compensation awarded, the
subject matter of the agreement ceased to exist and performance of the agreement
became impossible. For that reason, we consider that the compulsory acquisition
of the land had frustrated the agreement so as to discharge both the appellant
and the respondent of their obligations under the agreement.

Client : Ouh, I understand that, then how can I get my money back?

Lawyer: Maam, in Malaysia, relief for frustration contracts is provided in section 66

of the Contracts Act 1950 which provides as follow:-

When an agreement is discovered to be void, or when the contract becomes

void, any person who has received any advantage under the agreement or
contract is bound to restore, or to make compensation for it, to the person from
whom he received it.

Client: I see, so I now how can I ensure that I can claim my money back?

Lawyer: Madam, the Agreement that you brought specially when on the Clause 12.1
(i)(b) of the Agreement, you shall entitled to terminate the sale and purchase
herein whereupon the provision of Clause 7.3 shall apply. Under Clause 7.3,
Mr Siwon shall then within ten (10) days of the your demand, refund all the
monies paid by you.

Client: Ohhhh now I know how useful this Agreement when things like this happened.

ACTION NEED TO BE TAKEN & REMEDIES

Lawyer: Now Maam, you have a few options in order to recover back the money

Client: May I know the options?

Lawyer: Alright. Firstly, I would encourage you to settle this outside from the court
first as this could help you to save some cost. What you could do is that, you
could hire us or any other legal firms to represent you to send Mr Siwon Letter
of Demand with regard to the money. Based on my calculations just now, you
 shall demand the money sum up to RM 306 000.00 which this has been
excluded with the earnest deposit(10%).

Client: Thats good news! Now how many days I need to wait for his reply and what if he
does not respond to that Letter of Demand?

Lawyer: Usualy it tooks around 14 days, but if he does still not respond to that Letter
of Demand, you shall take to the next step which bringing this to the court.
Now like I said, you may hire us as legal representative to file the civil suit
againts Mr Siwon. Then RM 306 000.00 shall be the remedy for your damages.

Client: Huh? Damages? I dont get it.

Lawyer: Yes, in civil suit Maam, in order for you to win the case, firstly we need to
prove to the court that theres an actual breach and we manage to prove that
you had suffered the loss. Thus by fulfilling the priciple laid down, you may
claim the RM 306,000.00 as the remedy that you seek from the court.

Client: Ouh now I understand, but can I still sue him? This thing happened few months
ago.

Lawyer: Yes sure you still can, under section 6 of the Limitation Act mentioned that
any case pertaining to the contract matters, you can sue the person who breach
within 6 years from the date of the breach.

Client: Ouh! Im so glad that I seek this legal advice from you if not I wouldnt have know
with regards to the period of suing someone.

Lawyer: Sure Madam, not even a problem at all! Its my pleasure.

Client: But Im still worried, what if during the time that I sue him, he manage to transfer
all his assets and migrate to Korea. I dont think I can do anything to get the money
back even if I win the case.

Lawyer: Dont worry Madam. In the case of Mareva Compania Naviera SA v

International Bulk-Carriers SA [1980] 1 All ER 213, a Mareva Injunction is an
interim injunction granted by the court to restrain the Defendant from
disposing or concealing his assets in order to defeat an action against him. In
a better words, while Madam suing Mr Siwon, you can make another
application in accordance Order 29 rule 1 of the Rules of Court 2012 to freeze
all the assets that Mr Siwon has within the jusrisdiction of the court. This is
call an equitable relief that govern under Section 51 (1) of the Specific Relief
Act 1950

Client: Ouh, now I understand, wow this really help my case!

Lawyer: Indeed, judging from the facts of your case Madam, if you would like to settle
this in court together applying the Mareva Injuction I can see that the
probality for you to win the case is high. However, in order for the court to
grant you the mareva injuction you need to prove certain requirements.
CONCLUSION OF INTERVIEW

Client: Now only I understand my rights as a purchaser for land transfer under the law. I
am so glad that I come to see you today and well, no doubt that Zubatrisyia & Co.
is indeed the best when it comes to this kind of dispute. I would like to appoint you
as my lawyer to represent me in this case. Erm, will there be anything I can do in
the meanwhile?

Lawyer: We are so glad to hear that you would want to appoint us as your
representative. For the time being, we will first proceed with the Notice of
Demand in order to save cost and get to have settlement outside of court.

Client: Oh,thats good then. I hopen I could settle this matter using this method. If he still
ignore this particular notice, I need you to help me suing him and bring this case to
the court.

Lawyer: Alright, Mrs. Fara Nadia. We will prepare for the next action
in due course soon. Dont worry too much. I assure you that theres
something that we can work out and Ill do my best to represent you. Take
care Madam

Client: Thank you so much. If anything, I will contact you again.

Lawyer: Very much, anytime.