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Example: Statement of Defence Example: Statement of Defence

The defendants admit some facts from the plaintiff's statement of claim but deny the key allegations. Specifically, the defendants argue that the steel bars delivered by the plaintiff were defective and non-compliant with the purchase order. The defendants paid 10% of the invoice but refuse to pay the balance. They have counterclaimed for the return of the 10% deposit with 5% interest, costs of the action, and any other relief deemed appropriate by the court.

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1K views

Example: Statement of Defence Example: Statement of Defence

The defendants admit some facts from the plaintiff's statement of claim but deny the key allegations. Specifically, the defendants argue that the steel bars delivered by the plaintiff were defective and non-compliant with the purchase order. The defendants paid 10% of the invoice but refuse to pay the balance. They have counterclaimed for the return of the 10% deposit with 5% interest, costs of the action, and any other relief deemed appropriate by the court.

Uploaded by

Zafry Tahir
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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lOMoARcPSD|4330897

Example: Statement of Defence

Civil Procedure II (Multimedia University)

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Downloaded by farah naimah ([email protected])
lOMoARcPSD|4330897

IN THE SESSIONS COURT AT IPOH


IN THE STATE OF PERAK DARUL RIDZUAN
Civil Suit No.: 52-296-2020

BETWEEN

SEA BHD (Co. Registration: xxxx) ...Plaintiff


AND

CALENDAR SDN BHD (Co Registration: xxxx) ...First Defendant

APRIL (NRIC Num: xxxx) ...Second Defendant

MAY (NRIC Num: xxxx) …Third Defendant

STATEMENT OF DEFENCE AND COUNTERCLAIM

STATEMENT OF DEFENCE

1. The Defendants admit paragraphs 1, 2, 3, 4, 5, 6, 7, and 9 of the Statement of


claim.

2. The Defendants refer to paragraph 8 of the Statement of Claim only to admit


that the Plaintiff had delivered steel bars to the First Defendant. However, the
steel bars delivered were completely different, defective and not in
accordance to the specific purchase order of the First Defendant.

3. Referring to paragraph 9 of the Statement of Claim, the Defendants admit to


receiving the Plaintiff’s invoice. However, the Defendants deny the amount
claimed in the invoice as the purchase price does not reflect the original
purchase order of the First Defendant.

4. Referring to paragraph 10 of the Statement of Claim, the Defendant denies


this statement. Despite receiving an incorrect invoice, the Defendant has paid
10% of the purchase price claimed within two weeks of receiving the invoice.

5. The Defendants have only refused to further pay for the balance due to the
Plaintiff’s failure to deliver the steel bars in accordance to the First
Defendant’s purchase order.

6. On the 5th of February 2020, the First Defendant has also returned the steel
bars delivered to it back to the Plaintiff, with the specific instructions to deliver
the correct steel bars in accordance to the original purchase order made on
the 5th of January 2020, within 14 days.

7. A copy of the original purchase order was also sent to the Plaintiffs on the
same day to assist the Plaintiff on the First Defendant’s request. However, the
Plaintiffs have failed to comply.

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lOMoARcPSD|4330897

8. Hence, based on the facts provided above, the Defendants would like pray
that the Plaintiff’s claim be dismissed with costs.

COUNTERCLAIM

9. In addition, the Defendants would like to counterclaim for:

i. The return of the First Defendant’s 10% deposit paid;

ii. An interest rate of 5% on the deposit paid from the date of the filing of
this claim until the date the payment is completed;

iii. The Plaintiff to bear the cost of this action; and

iv. Any other relief deemed appropriate by the court.

Dated 12th May 2020,

Lau BH Jessie
Advocate and solicitor of the Defendant,
Lee & Lau

This statement of Defence is prepared and this Statement of Defence is prepared


and filed by the Defendant’s Solicitors, LEE & LAU, having a registered office at XXX
(Ref file: XXX)

Downloaded by farah naimah ([email protected])

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