Pleadings - Statement of Defence Dec 2015 PDF

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IN THE SESSIONS COURT AT SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN CIVIL SUIT NO. 801 OF 2014 BETWEEN GEROX BHD .. (CO. NO:………) AND COPIERS SDN BHD …Defendant (CO. NO:………) STATEMENT OF DEFENCE 1. Paragraph 1 and 2 of the Statement of Claim is admitted in so far as the identities of the parties ar...

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IN THE SESSIONS COURT AT SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN

CIVIL SUIT NO. 801 OF 2014

BETWEEN GEROX BHD

...Plaintiff

(CO. NO:………) AND COPIERS SDN BHD

…Defendant

(CO. NO:………)

STATEMENT OF DEFENCE 1.

Paragraph 1 and 2 of the Statement of Claim is admitted in so far as the identities of the parties are concerned.

2.

Paragraph 3, 4, 5 and 6 is admitted in so far only as to the existence of the Sale and Purchase Agreement between the Plaintiff and the Defendant and to the purchase made as per the terms of the Sale and Purchase Agreement of the 20 Colour Multifunction Printer, except for the fact that the delivery of the printers on the Plaintiff’s behalf have been made in accordance to said terms.

3.

Except for any express admission contained herein, all paragraph in the Statement of Claim are traversed seriatim.

4.

Further or alternatively, if contrary to his defence, the Defendant is held liable, he seeks to set off against Plaintiff’s claim the sums counterclaimed in diminution of the claim.

COUNTERCLAIM

5.

The Defendant repeats their defence in Paragraph 1, 2, and 3 of the Statement of Claim.

6.

By reason of the Plaintiff’s breach, the Defendant has suffered loss and damages that naturally arises from said breach. a.

PARTICULARS OF BREACH a) Plaintiff failed to adhere to clause 3 of the schedule to the Agreement to deliver the printers to the specifications that the colour printers would have print, copy, scan, fax and email functions. b) 10 of those delivered only had print, copy and scan functions. c) Among the remaining 10, 5 were 'Black and White' whilst the rest were not in working order. d) By letter of 24th June 2014 Defendant informed the Plaintiff of its complaints and requested the Plaintiff to take back the 20 machines and have them replaced immediately with proper ones. Plaintiff has to date ignored this letter.

7.

Defendant therefore sees no reason to comply with Plaintiffs demands and denies liability

b.

PARTICULARS OF DAMAGES a) 20 x printers purchased as replacement

8.

RM100,000.00

The Defendant further claims to be entitled to interest on general damages and special damages for such period and at such rate as the Court deems just under Section 11 of the Civil Law Act 1956 and Order 42 Rule 12 of the Rules of Court 2012.

9.

Wherefore, the Defendant humbly prays for the honourable court to dismiss the Plaintiff’s claim with costs.

Dated 25th October 2014

.…....…………………………… Tetuan Sufian Anuar & Associates Solicitors for the Defendant.

This STATEMENT OF DEFENCE and COUNTERCLAIM is filed by Tetuan Sufian Anuar & Associates, of Suite 2, AL 703, Academic Building 2, Faculty of Law, Universiti Teknologi MARA 40450 Shah Alam, Selangor Darul Ehsan....