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IN THE SESSIONS COURT AT IPOHIN THE STATE OF PERAK DARUL RIDZUANCivil Suit No.: 52-296-BETWEENSEA BHD (Co. Registration: xxxx) .. ANDCALENDAR SDN BHD (Co Registration: xxxx) .. DefendantAPRIL (NRIC Num: xxxx) .. DefendantMAY (NRIC Num: xxxx) .. DefendantSTATEMENT OF DEFENCE AND COUNTERCLAIMSTATEMENT...

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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. 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)...