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Sample - Statement of Defence

1) Gerox Bhd is suing Copiers Sdn Bhd for failing to pay the balance of RM740,000 for 20 colour printers purchased under a written agreement. 2) Copiers admits purchasing the printers but denies they met the specifications in the agreement. Many were defective or had limited functions. 3) Copiers counterclaims RM100,000 in damages for costs incurred obtaining replacement printers from elsewhere to fulfill prior orders, and seeks interest and costs from the court.

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Nor Fadlina Lutfi
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6K views3 pages

Sample - Statement of Defence

1) Gerox Bhd is suing Copiers Sdn Bhd for failing to pay the balance of RM740,000 for 20 colour printers purchased under a written agreement. 2) Copiers admits purchasing the printers but denies they met the specifications in the agreement. Many were defective or had limited functions. 3) Copiers counterclaims RM100,000 in damages for costs incurred obtaining replacement printers from elsewhere to fulfill prior orders, and seeks interest and costs from the court.

Uploaded by

Nor Fadlina Lutfi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF MALAYA AT SHAH ALAM

STATE OF SELANGOR DARUL EHSAN


CIVIL SUIT NO. 800 OF 2014

BETWEEN

GEROX BHD ...Plaintiff


(CO. NO: 123456)

AND

COPIERS SDN BHD …Defendant


(CO. NO: 789101)

STATEMENT OF DEFENCE

1. Paragraph 1 and 2 of the Statement of Claim are admitted in so far as the


identities of parties are concerned.

2. Paragraph 3 is admitted in so far as the Plaintiff and Defendant had entered


into a written agreement for the Plaintiff to purchase 20 Colour Multifunction
Printers.

3. Paragraph 4 and 5 are admitted, except in so far the printing machines


delivered were not as prescribed in the agreement. By clause 3 of the
schedule to the Agreement, the colour printers would have print, copy, scan,
fax and email functions. But the ones delivered to Defendant only had print,
copy and scan function.

4. Paragraph 6 is admitted in so far as the Defendant has not paid the Plaintiff
the balance purchase price of RM 740,000.00.

PARTICULARS OF NEGLIGENCE

i. Out of 20 machines delivered to the Defendant, 10 of those delivered only


had print, copy and scan functions. Of the other 10 machines, 5 were
‘Black and White’ whilst the rest were not in working order.
ii. Plaintiff ignored Defendant’s letter of 24th June 2014 which informed the
Plaintiff of Defendant’s complaints and requested the Plaintiff to take back
the 20 machines and have them replaced immediately with proper ones.

5. By the reason of the matters aforesaid, the Defendant denies that the Plaintiff
is entitled to any payment for the printing machines delivered to the
Defendant.
6. Save as hereinbefore expressly admitted, the Defendant sees no reason to
comply with the Plaintiff’s demands and denies liability alleged in the
Statement of Claim.

COUNTERCLAIM

7. The Defendant repeats Paragraph 1, 2 and 3 of the Statement of Claim.


8. The particulars of loss suffered by the Defendant is stated as below:

PARTICULARS OF DAMAGES

i. Due to Plaintiff’s ignorance, Defendant incurred a loss of RM5000 on each


machine as it had to acquire 20 machines elsewhere at an extra cost of
RM5000 a machine in order to meet its customers’ prior orders.
ii. The fact that the 20 machines purchased from the Plaintiff were to be
appropriated towards their prior orders was expressly made known to the
Managing Director of the Plaintiff though this fact does not appear in the
Agreement.

9. AND the Defendant wishes to claim from the Plaintiff


i. the sum of RM100,000 (ie RM5000 extra paid on each set)
ii. Interest on the amount of RM100,000 at the rate of 8% per annum from
the date of judgment until full settlement;
iii. Costs of this action; and
iv. Such further and/or other reliefs that this Honourable Court deems fit
and proper.
Dated 7th November 2014

Fadlina
NOR FADLINA BINTI MOHD LUTFI
.…....……………………………
Peguambela & Peguamcara
Tetuan Hart & Co.
Solicitors for the Defendants
(for academic purposes only)

This STATEMENT OF DEFENCE is filed by Tetuan Hart & Co., of Suite 2, AC 750,
Academic Building 2, Faculty of Law, Universiti Teknologi MARA 40450 Shah Alam,
Selangor Darul Ehsan. Solicitors for the Defendant.

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