LETTER TO HRH SULTAN AZLAN SHAH

Yap Chong Yee,
5a Prinsep Road,
Attadale, WA 6156
Email :ychongyee@yahoo.com.au
Blogg. http://yapchongyee.blogspot.com
To,

H.R.H. Sultan Azlan Shah,
Sultan of Perak,
Istana, Kuala Kangsar,
Perak.

Yang Mulia,

Re: Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd

I refer to the above Originating Petition to raise an issue of abuse of power perpetrated by Judge Zainon binti Mohd. Ali, who was the Judge of the court of first instance in the adjudication the above Originating Petition.

Judge Zainon binti Mohd. Ali had approved the respondents’ application for security of costs of Rm.60,000 and which sum was paid by my wife; and upon payment of said security for costs; Respondent Stephen Lim Cheng Ban followed up by a 2nd and subsequent application for striking out of said Petition. This 2nd application for striking out was made even in the absence of any order for setting aside of the Order for security for costs nor was there any application for setting aside of the 1st order for security for costs.

In these circumstances Judge Zainon binti Mohd. Ali had abused her powers, because the order for security for costs had been enforced by the Respondents by their acceptance of the Rm.60,000. This acceptance by respondents of the Rm.60,000 constitutes their undertaking that upon payment of said security for costs Respondents all undertake to defend the petition in court. There was no appeal against the order for security for costs.

The facts stated above support my contention that said Petition is still an active case and Judge Zainon binti Mohd. Ali’s order for striking out said petition was ineffectual in law because if respondents were unhappy with the order for security for costs THEIR ONLY RECOURSE WAS TO APPEAL against said order for security for costs, WHICH THEY DID NOT. There is no ground for Judge Zainon binti Mohd. Ali to allow respondents to keep their Rm.60,000 security for costs and not set the petition down for hearing.

This Petition had gone on for 8 years, while the petition is still an active petition. Our solicitors had appealed against the order for striking out of said petition against my advice. There is no grounds for appeal because we are happy with the order for security for costs and we did not appeal against the order and we paid said Rm.60,000 pursuant to the order for security for costs.
I appeal to your Royal Highness and to your sense of justice because you were a former Lord President of the Malaysian High Court.

The obvious abuse of power by Judge Zainon binti Mohd. Ali has consigned my wife’s petition into the twilight zone, because her petition is still active in law and we are happy with the order for security for costs and Judge Zainon binti Mohd. Ali knows that she is not, in the circumstances EMPOWERED TO MAKE THE ORDER FOR STRIKING OUT OF SAID PETITION; There is no recourse in law for us and the appeal filed by our solicitors IS BOGUS ! Judge Zainon binti Mohd. Ali had by her abuse of power destroyed the appeal process in our case.

Yours faithfully


Yap Chong Yee.
Dated 30th April, 2008

Copy : President of the Court of Appeal, President & Secretary of Bar Council,
Attorney General, Email to practicing lawyers and posted on the internet.
Judge Zainon binti Mohd. Ali.