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1. Statement of Claim - Contract (SOC)
Legal Drafting II (LIA4011)
Universiti Malaya
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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR
IN THE STATE OF WILAYAH PRESEKUTUAN
CIVIL SUIT NO.: ____________________
BETWEEN
AHMAD BIN DAUD ..
(NRIC: 620801-10-5231)
AND
1. SAMMY A/L RAJARATNAM ..
(NRIC: 700229-05-5327)
2. SYARIKAT BINA SDN. BHD.
(Business Registration No.: 95015-W)
STATEMENT OF CLAIM
The Plaintiff is an individual with an address for service at No. 13, Lorong Ara Kiri 3, Lucky Garden, Bangsar, 59100 Kuala Lumpur. At all material times, the Plaintiff is the registered owner of the bungalow house at No. 310, Jalan Sri Hartamas 25, Desa Sri Hartamas, 50480 Kuala Lumpur (“ the House ”).
The First Defendant is an individual with an address for service at No. 66, Block 8, Residensi 22, Mont Kiara, Jalan Kiara 3, 50480 Kuala Lumpur. At all material times, the First Defendant acts as a contractor for the Second Defendant and carries on the renovation works on the House.
The Second Defendant is a private limited company incorporated in Malaysia under the Companies Act 2016 with a registered address of business at No. 40, Jalan Mayang Sari, Jalan Tun Razak, 50450 Kuala Lumpur. At all material times, it carries on the business of building construction.
On 13.03, the Plaintiff and the First Defendant had entered into an oral agreement at the Second Defendant’s premise where the Plaintiff had agreed to hire the First Defendant to carry out renovation works on the House. This oral agreement was subsequently reduced into writing by the act of both parties drawing up a schedule of works which was then signed and is collectively known as “ the Agreement ”.
The salient terms of the Agreement include that:- a) The Plaintiff has to pay the First Defendant an amount of RM2,200,000 for the renovation works on the House; b) The First Defendant has to commence the renovation works on the House in early April 2018 and all works are to be completed before December 2018; and c) The Plaintiff has to pay to the First Defendant an upfront sum of RM1,000, and the balance would be paid upon the completion of the work.
In accordance with the terms of the Agreement, the Plaintiff had duly performed his contractual obligation to pay the First Defendant the upfront sum of RM1,000, before the commencement of renovation works on 01.04.
On 01.12, the Plaintiff received a letter from the First Defendant who apologized for the delay due to sickness and also intended to complete the work within 2 to 3 weeks. However, 3 weeks had passed without any work being done.
On 22.12, the Plaintiff sent a letter to the First Defendant requiring the First Defendant to confirm whether the renovation works could be resumed within 7 days and completed within 14 days. However, there was no reply received from the First Defendant.
On 15.01, the Plaintiff engaged another company, Complete Builders Sdn. Bhd. to finish the work which commenced on 01.02 and approximately is to be done within a month. This engagement had cost the Plaintiff a sum of RM15,500.
On 01.04, the Plaintiff found a tenant for the House.
Dated the 11th day of March 2020
................................
DAWN & CO.
Solicitors for the Plaintiff
THIS STATEMENT OF CLAIM is filed by Messrs DAWN & CO., Solicitors for the Plaintiff having an address for service at No 21-1 & 21-2, Jalan Tritasik 2, Dataran Tritasik, Bandar Seri Permaisuri, 56000 Kuala Lumpur, Malaysia. [Tel No.: +603-2121-3333. Fax No.: +603-2121-4444. Email: general@dawnco.com]
1. Statement of Claim - Contract (SOC)
Course: Legal Drafting II (LIA4011)
University: Universiti Malaya
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