- Information
- AI Chat
2. Statement OF Claim - CP notes
Civil Procedure I (LAW4210)
Recommended for you
Related Studylists
Civil ProcedurePreview text
IN THE HIGH COURT OF MALAYA AT JOHOR BAHRU
IN THE STATE OF JOHOR
SUIT NO. SA-97-237/
BETWEEN
AND
STATEMENT OF CLAIM
The Plaintiff is a licensed company incorporated in Malaysia with its registered number of 201101009238 (937377-A). The company’s registered address is at 82 Jalan Permas 15/1, Bandar Baru Permas Jaya, 81750, Masai, Johor.
The Plaintiff is the intended purchaser of the property of a piece of land identified as HS(D) 460660 PTD 4036 Mukim Sungai Tiram, Daerah Johor Bahru, Johor measuring approximately 3 hectares (hereafter referred to as the property) which is owned by the Defendant.
The Defendant is a licensed company incorporated in Malaysia with its registered number of 0767927P. The company’s registered address is at No Jalan Petaling, Kawasan Perindustrian Larkin, 80350 Johor Bahru, Johor.
The Defendant is the registered owner of the property and the vendor in the sale and purchase transaction.
KEAT SIONG PROPERTY SDN BHD
(COMPANY NO.: 201101009238(937377-A)
..
ENG SONG ALUMINIUM INDUSTRIES
SDN BHD
(COMPANY NO.: 0767927P)
..
There was a restriction on the property that it cannot be sold, leased or transferred without the approval or consent from the state authority. Both parties, the Plaintiff and the Defendant were aware of this restriction.
On 15.9 , the Plaintiff had made an offer to the Defendant to buy the property for RM3,000,000.
On 17.9 , the defendant’s solicitor issued a letter to the plaintiff’s solicitor confirming the offer with the terms and conditions that: a) The purchase price of the property shall be RM3,800,000. b) The Plaintiff is required to pay 2% earnest deposit of the agreed purchase price of the property. c) The sale and purchase agreement of the property is subject to the terms under this letter. d) The sale and purchase agreement of the property is subject to the State Authority approval. e) All the terms and conditions stated under the sale and purchase agreement must be mutually agreed between the parties. f) There shall be no concluded and binding contract unless a formal sale and purchase agreement executed by the parties.
Pursuant to the letter dated 17.9 , the Plaintiff had accepted the terms and conditions and paid the earnest deposit to the Defendant in the sum of RM76,000 being the sum of 2% of the purchase price of the property on 19. 2019 .
On 10.5 which is eight month after the negotiation, the Plaintiff’s solicitor had forwarded to the Defendant’s solicitor the Sale and Purchase Agreement for confirmation of the terms and conditions under the agreement. In addition, the Plaintiff’s solicitor had also forwarded to the Defendant two copies of forms for the State Authority’s approval to enable the Plaintiff to proceed with the application. In the same letter, the Plaintiff also
The Defendant had through its solicitor returned to the Plaintiff’s solicitor all those documents without executing the agreement and without giving any reason.
As a result of the matters pleaded in Paragraph 13 to 14 of the Statement of Claim, the Defendant was in breach of contract that requires the Defendant to perform its obligation under the contract by executing the sale and purchase agreement.
In consequence, the Plaintiff had lost RM RM76,000 which had been paid to Defendant as earnest deposit of the purchase price of the property if Defendant failed to execute the Sale and Purchase Agreement.
The Plaintiff through its solicitor on 17.6 , had wrote to the Defendant: a) A letter of demand to the Defendant to perform its obligation under the contract by executing the sale and purchase agreement. b) Alternatively, to return the 2% of the purchase price deposit amounting to RM76,000 to cover the losses suffered by the Plaintiff. c) Failure to act would result in an action being taken against the Defendant. However there was no response from the Defendant.
Therefore, the Plaintiff prays from this Honorable Court: a) Decree for specific performance to enforce the contract of sale and purchase of the property Mukim Sungai Tiram, Daerah Johor Bahru, Negeri Johor; b) Alternatively, the return of 2% of the purchase price deposit amounting to RM76,000 as a result of the Defendant’s breach of contract; c) Interest on that amount at the rate of 5% per annum from the judgment date until the completion of the payment; d) Cost of action;
e) Any order, direction or other relief whatsoever as this honourable court deems just and reasonable. Dated 23rd of October 2020
Farah Fisya Sarmin Partners at Farah & Co. Plaintiff’s solicitor
This STATEMENT OF CLAIM is filed by Farah & Co., the Solicitors for the said Plaintiff whose address for service is at 82 Jalan Permas 15/1, Bandar Baru Permas Jaya, 81750 Masai, Johor. ( Tel No.: 07 2823 4100, Fax No.: 07 2823 4200) Our Ref: FSA-2020/10/
2. Statement OF Claim - CP notes
Course: Civil Procedure I (LAW4210)
University: International Islamic University Malaysia
