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Statement of Claim Sample

The Plaintiff, SEA Bhd, is suing the Defendants, Calendar Sdn Bhd and its directors April and May, for failing to pay RM495,891.42 which is the outstanding balance for steel bars purchased on credit. SEA Bhd had agreed to provide Calendar Sdn Bhd with credit to purchase construction materials. April and May had signed letters of guarantee for the credit facility. Calendar Sdn Bhd failed to pay the outstanding balance within 60 days of receiving the invoice. SEA Bhd is seeking payment of the outstanding debt along with interest and costs of the legal action from the Defendants.

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3K views3 pages

Statement of Claim Sample

The Plaintiff, SEA Bhd, is suing the Defendants, Calendar Sdn Bhd and its directors April and May, for failing to pay RM495,891.42 which is the outstanding balance for steel bars purchased on credit. SEA Bhd had agreed to provide Calendar Sdn Bhd with credit to purchase construction materials. April and May had signed letters of guarantee for the credit facility. Calendar Sdn Bhd failed to pay the outstanding balance within 60 days of receiving the invoice. SEA Bhd is seeking payment of the outstanding debt along with interest and costs of the legal action from the Defendants.

Uploaded by

SI LI YEE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

IN THE SESSIONS COURT AT IPOH

IN THE STATE OF PERAK DARUL RIDZUAN, MALAYSIA

(CIVIL DIVISION)

CIVIL SUIT NO. OF 2020

BETWEEN

SEA BHD (SEA)


(COMPANY NO : A-12345) …….. PLAINTIFF

AND

1. CALENDAR SDN BHD


(COMPANY NO : A-12346)

2. APRIL
(NRIC NO.xxxx)

3. MAY
(NRIC NO.xxxx) ..……DEFENDANTS

AMENDED STATEMENT OF CLAIM

1. The Plaintiff is a registered public limited company known as SEA Bhd and is
incorporated in Malaysia under the Companies Act 2016. Its registered address is at
No. 55 Taman Kota Laksamana, Ipoh. At all material times, it carried on business as
trading in building materials.

2. The First Defendant is a private limited company registered business known as


Calendar Sdn Bhd and is incorporated in Malaysia under the Companies Act 2016. Its
registered address is at service is at No. 10, Taman Pandan Indah, Ipoh. At all
material times, it carried on business as construction. The Second Defendant and
Third Defendant are at material time directors of the First Defendant and having
registered address at No.88 Taman Kota Laksamana, Ipoh.

3. On 5th January 2019, the First Defendant had applied for a credit facility to purchase
construction materials known as steel bars which is to be granted by the Plaintiff.

4. On 19th January 2019, the Plaintiff had agreed to the credit facility and the Second
Defendant and Third Defendant had executed the letters of guarantee on 23 rd January
2019. This constitutes a contract in a written agreement between the Plaintiff and
Defendant.

5. The First Defendant’s purchase orders regarding steel bars is dated on 1/12/2022
which have been sold and delivered by the Plaintiff.

6. On 1/12/2022, the price of the goods sold was given and delivered by the Plaintiff.
The Defendant has paid 10% deposit on 01.12.2022. In breach of express and/or
implied terms, the First Defendant had failed to pay the balance of the total purchase
price within 60 days after the invoice was given.

7. The Plaintiff issued to the Defendants two letters dated 15.01.2023 and 17.02.2023
respectively demanding the payments to be made to Plaintiff within 30 days of the
said letters. However, the Plaintiff states that the Defendants failed and/or refused
and/or neglected to respond to any of the demands.

8. The Plaintiff also states that by virtue of Clause 7.1 (d) of the credit facility, goods
delivered are considered sold as such there is no returning of goods policy.

7. 9. By reason of these matters, the Plaintiff has suffered losses and damages.

8.10. The Plaintiff is seeking for specific performance by claiming the sum of
RM550,990.47 RM 495,891.42 for the price of steel bars sold.

9. 11.The purchase order and invoice of the steel bars is dated on 1/12/2022.

10. 12.Therefore, the Plaintiff claims against the Defendants :


(a) RM550,990.47 RM 495,891.42 being the total balance purchase price of the
steelbars sold and delivered;
(b) An interest at a rate of 5% per annum is calculated on the amount from the date of
judgement to the date of full settlement;
(c) The cost of action to be paid by the First Defendant to the Plaintiff;
(d) To pay the cost of action on the Plaintiff’s behalf; and
(e) Such other order or further relief as this Honourable Court considers just and
reasonable.

Dated on 25th month of December, 2020

Siva
……………………………………..
Solicitor For Plaintiff

THIS AMENDED STATEMENT OF CLAIM was filed by Siva, Zureen & Co in the
address, Suite C-5-1, Plaza Mont Kiara, No 2 Jalan Kiara, Mont Kiara, 50480 Kuala Lumpur.
[Office No.: 03-6232222 Fax: 03-6322222]
[Ref. No.:SV/L-0024/04/20 ]

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