Pleadings are written documents filed in court that contain facts, allegations, denials, defenses, damages, pleas and prayers. The main types of pleadings are statements of claim, statements of defense and counter claim, and replies. Generally, courts can only decide issues stated in the pleadings. However, there are four exceptions where courts can decide issues not pleaded: illegality, lack of jurisdiction, issues presented and developed at trial without objection, and where the same cause of action is pleaded but different remedies are sought (like trespass and nuisance). Parties are bound by their pleadings and the court cannot grant remedies not claimed.
Pleadings are written documents filed in court that contain facts, allegations, denials, defenses, damages, pleas and prayers. The main types of pleadings are statements of claim, statements of defense and counter claim, and replies. Generally, courts can only decide issues stated in the pleadings. However, there are four exceptions where courts can decide issues not pleaded: illegality, lack of jurisdiction, issues presented and developed at trial without objection, and where the same cause of action is pleaded but different remedies are sought (like trespass and nuisance). Parties are bound by their pleadings and the court cannot grant remedies not claimed.
Pleadings are written documents filed in court that contain facts, allegations, denials, defenses, damages, pleas and prayers. The main types of pleadings are statements of claim, statements of defense and counter claim, and replies. Generally, courts can only decide issues stated in the pleadings. However, there are four exceptions where courts can decide issues not pleaded: illegality, lack of jurisdiction, issues presented and developed at trial without objection, and where the same cause of action is pleaded but different remedies are sought (like trespass and nuisance). Parties are bound by their pleadings and the court cannot grant remedies not claimed.
Pleadings are written documents filed in court that contain facts, allegations, denials, defenses, damages, pleas and prayers. The main types of pleadings are statements of claim, statements of defense and counter claim, and replies. Generally, courts can only decide issues stated in the pleadings. However, there are four exceptions where courts can decide issues not pleaded: illegality, lack of jurisdiction, issues presented and developed at trial without objection, and where the same cause of action is pleaded but different remedies are sought (like trespass and nuisance). Parties are bound by their pleadings and the court cannot grant remedies not claimed.
Prepared by the parties (Plaintiff / Defendant) and file the same in the Court If exchange documents without filing to the court pleading. It is just an
exchange Exchange = service ROC Order 10 + Order 62
2. Types: Statement of Claim (Plaintiff) Statement of Defence & Counter Claim (Defendant) Reply to Statement of Defence & Counter Claim (Plaintiff) 3. General Rule: Blay v Pollard & Morris: o Court can only decide on issue stated in pleadings. If want to try other
issue, need put amendment to insert, and is subject to objection.
Chartered Bank v Yong Chan: o Plaintiff / Respondent (Yong Chan) suing Defendant / Appellant under libel (defamation), which is a cause of action under tort, saying that the bank has defamed him when his cheque is dishonoured o The defences put forward by the bank in the SOD says that the cause of action of libel is statutory barred, torts, 6 years, Section 6(1) of the Limitation Act o Defences under statutory barred has to be pleaded (Section 4 of the Limitation Act) o Should strike out SOC o Instead, Court give damages for breach of contract to Yong Chan (Actually Court should not do so as Yong Chan claimed for libel, but why was he granted breach of contract which is not pleaded instead?) o Bank appeal and on appeal, it is held that issues that are not pleaded shall not be granted, SOC dismiss and Bank wins the case o Parties bound by their pleading. What you claim is what you get. Nothing more.
4. Exceptions: (There are four exceptions. Can Court decide on issue not pleaded?)
First exception: Illegality
o Wai Hin Ting Mining Co Ltd v Lee Chow Beng o Illegality must be pleaded
o Here, it is not pleaded in SOD (illegality)
o Plaintiff suing defendant for breach of contract. During course of trial, need to adduce evidence to prove facts. Contract is adduced. o Court found that purpose of the contract entered by both parties is for defendant to borrow money from plaintiff to purchase shares from the plaintiffs company (Company Law Insider Trading Cannot Illegal) o Court held that the contract is illegal and that illegal contract cannot be enforced. o SOC is struck out even though SOD did not plead illegality o So here, even if defendant did not plead illegality as defence in SOD, the
Court will grant
Second exception: Lack of jurisdiction o Rengasamay v Annamalai o RM150,000 Section 65(1)(B) of the Subordinate Courts Act Above RM100,000 is a Sessions Court case o But here, the case is wrongly filed in Magistrate Court instead o Lack of jurisdiction not pleaded in SOD by the defendant. Halfway on the trial, Magistrate just realized that they dont have the jurisdiction to try the
case o Liberty to start again Third exception: Point not pleaded but presented and developed without objection o Present it and developed without objection o It is not pleaded, therefore not mention in the pleadings o Kalliamal v Manickam o During course of trial (There are three stages. Examination-in-Chief [EIC], Cross-Examination [CE] and Re-Examination [RE]) o Chain of accrued debt not pleaded in SOC (Already expired) o Plaintiff cross-examined the defendant, defendant admitted he still owes plaintiff money fresh accrual of debt (developed but no objection) o Became part of the claim for plaintiff even though the plaintiff did not plead it in his SOC o If there is objection by the opposite party = cannot (Example: Counsel for the defendant informed to the Court that the plaintiff did not plead this particular point in his SOC but during the EIC/CE/RE today, he mentioned this particular point that is not pleaded this exception wont work)
Fourth Exception: The Wisma Puncak Emas exception
o Joining property by plaintiff and defendant
o Separated by wall and wall falls to plaintiffs side
o Plaintiff sues D for damages on basis of trespass/encroachment (tort) o Court grant damages on trespass/encroachment (as claimed by the plaintiff) but also give extra damages on nuisance (tort) o Defendant argued that plaintiff did not plead for nuisance in his SOC o Court held that they grant damages for nuisance because trespass comes with nuisance usually (common sense), even though it is not pleaded) o Chartered Bank v Yong Chan: Ask for libel (tort) but Court grant damages for breach of contract (contract) which is not pleaded. Two different cause of action, one of tort, one on contract = cannot o Wisma Punca Emas v Dr Donal R O'Holohan: Ask for trespass (tort) and Court granted extra damages on nuisance (also tort). So long as same cause of action, Court can give judgment. o Example: Accident (tort) and sue for negligence (tort). During accident, defendant took your picture and post in social media = defamation (tort). But in your SOC, you only claim for negligence. Court can give extra damages on defamation because same cause of action.
