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Pleadings - Statement of Claim
Civil Procedure I (GLUP4033)
Universiti Utara Malaysia
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IN THE HIGH COURT OF MALAYA AT SHAH ALAM IN SHAH ALAM, SELANGOR DARUL EHSAN CIVIL SUIT NO. 1122 OF 2014 BETWEEN LIGHTERS SDN. BHD .. (CO: 123456-V) AND TRITON SDN. BHD …Defendant (CO. NO: 789123) STATEMENT OF CLAIM 1. The Plaintiff is a private limited company incorporated in Malaysia under the Companies Act 1965. Its registered address is at No 44, Jalan Perindustrian Fasa 3, Seksyen 15, 40450 Shah Alam, Selangor. At all material times, it carried on business as manufacturers of cigarette-lighter parts. 2. The Defendant is a private limited company incorporated in Malaysia under the Companies Act 1965. Its registered address is at No. 38, Jalan Kilang Besar, Seksyen 16, 40450 Shah Alam, Selangor. At all material times, it carried on business as dealer of base plugs. 3. By a contract contained in a written agreement between the Plaintiff and Defendant on 1st February of 2013, the Defendant in the course of their business agreed to manufacture and sell to the Plaintiff, and the Plaintiff agreed to buy from the Defendant 1, 000,000 base plugs for cigarette lighters at the price of RM5 each. 4. It was, among other terms, an expressed term of the contract that the Plaintiff would deliver the base plugs to the Defendant at the rate of 20, 000 per week, beginning 1st March 2013. 5. It was also a term of the contract that the Defendant would make payment in cash within seven (7) days of delivery of each instalment. 6. At the time of the contract, the Plaintiff had made known to the Defendant that the base plugs manufactured to their specification will be of no use to anyone other than themselves and that the Plaintiff would need to install special equipment in order to manufacture the base plugs. 7. Pursuant to the contract, the Plaintiff delivered to the Defendant two instalments which of 20, 000 of the base plugs on 2 nd March 2013 and on 10th March 2013 respectively. 8. In breach of the express and/or implied terms, the Defendant has to date failed to pay the RM100,000 for each instalments. The Defendant had also refused to accept delivery of further instalments of the base plugs. 9. By reason of these matters, the Plaintiff has suffered losses and damages. PARTICULARS Loss of profit (a) From February 2013 until the date of the writ : (i) Contract price of 1, 000, 000 RM5,000,000 base plugs at RM5/each Wasted expenditure (a) Installation of special machinery RM80,000 (b) Cost of manufacturing 60, 000 RM150,000 base plugs which are unsaleable TOTAL RM230,000
Pleadings - Statement of Claim
Course: Civil Procedure I (GLUP4033)
University: Universiti Utara Malaysia
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