Drafting Pleading (Statement of Claim)

CIVIL PROCEDURE II
ASSIGNMENT: DRAFTING OF PLEADING(Statement of Claim)
LECTURER: EN. HAZRI BIN HARIS

FIRM: MESSRS IRWAN & ASSOCIATES
Irwan bin John Imbayan
(*******)
Ummu Farah Binti Fais
(*******)
Nurul Fatin Amirah Bt Abd Wahab (*******)

Balammal A/P Mani
(*******)
Olga Octavia Mathius
(*******)
QUESTION
Mr. John Arumugam, a well-known singer and dancer comes to see you and says,
I am twenty-seven years old. I am married to Janice and we have two children,

Jennifer and Mariah. In January 2002, I signed a contract with Blue Moon Night Club
to perform at the club for three nights in a week during the months of February and
March 2002. Under the contract, I was to be paid RM 5,000 per month.
At about 7.00pm on 1.2.2002, I boarded a taxi (registration n. BFL 452) near my
house in Jalan Kaya, Petaling Jaya. I was on my way to the club to begin my first
nights performance. It had become very dark that evening and a heavy drizzle was
in progress. I noticed that LahJoo, the taxi driver was driving too fast for my comfort
and I asked him to reduce his speed. Lahjoo told me he had hired the taxi for
twelve hours from Syarikat Acme Sdn Bhd and he was bound to return the taxi
before 7.00pm at the Syarikats depot in Pudu.
At about 7.15pm, we were traveling along JalanBahaya that met JalanCemas at a
junction in Petaling Jaya. When we were about 50 metres away from the junction I
noticed that the traffics lights at the junction were not working. Lahjoo did not stop
at the junction. Suddenly, a bus kilang darted out of JalanCemas and collided with
LahJoos taxi. The impact caused me to be thrown out of the taxi and I lost
consciousness. When I regained consciousness I found myself lying on a hospital
bed at the Maju Medical Centre.
As a result of the accident I suffered a fracture of the right tibia and fibula bones. I
also suffered a spinal injury which makes it painful for me to use my left hand. My
injured leg has healed but it is one inch shorter than my left leg. I was in hospital
until May 3, 2002 and spent RM 14000 on medical expenses.
From the date of the accident I have not been able to sing or dance and I have lost a
lot of money. Blue Moon Night Club terminated my contract and refused to pay any
compensation.
From the police report I have discovered that the bus kilang (registration no. BFR
9222) belonged to Syarikat TanjongBhd and at the relevant time was driven by its
employee, Tan Lah Lai. At the time of the accident the taxi as well as the bus
kilang were covered by comprehensive motor policies issued by Disclaimer
Insurance Bhd.
IN THE MAGISTRATE COURT OF MALAYA

IN KUALA LUMPUR, MALAYSIA
(CIVIL DIVISION)
SUIT NO:S5-13-2002
BETWEEN
JOHN ARUMUGAM
(NRIC:060606-11-5243)
...PLAINTIFF
AND
1. BLUE MOON NIGHT CLUB

(R-2345-01)
2. SYARIKAT ACME TAXI SDN BHD
(F-7865-02)
3. LAH JOO
(NRIC: 890106-02-5811)
4. SYARIKAT TANJONG BHD
(K-6754-03)
5. TAN LAH LAI
(NRIC: 890206-02-5811)
...DEFENDANTS
STATEMENT OF CLAIM
1) The Plaintiff is John Arumugam(NRIC:060606-11-5243), a citizen of Malaysia of full
age and having registered address at No. 24, Jalan Kaya, Petaling Jaya, 40500, Kuala
Lumpur.
2) The First Defendant is Blue Moon Night Club (registration no. R-2345-01) having
registered address at No. 32, Jalan Butter, Petaling Jaya, 40500 Kuala Lumpur in which
had entered into a contract with the Plaintiff to perform at the club for an agreed period.
3) The Second Defendant is Syarikat Acme Taxi Sdn Bhd (registration no. F-7865-02), a
company in which it provides the service of hiring taxi having registered address at No.
67, Jalan Mawar, Pudu, 40500 Kuala Lumpur.
4) The Third Defendant is Lah Joo (NRIC: 890106-02-5811), a citizen of Malaysia of full
age having registered address at No. 12, Taman Berduri, Jalan Kasturi, Petaling Jaya,
40500,Kuala Lumpur. At the material time the third Defendant is a taxi driver, who had
hired a taxi (registration no. BFL 452) from the second Defendant.
5) The Fourth Defendant is a company Syarikat Tanjong Bhd (registration no. K-675403) having registered address at No. 56, Jalan Tunku Abdul Rahman, Petaling Jaya,
40500, Kuala Lumpur. At the material time the fourth Defendant is the employer of fifth
Defendant and owned the bus kilang (registration no. BFR 9222) which was driven by
the fifth Defendant.
6) The Fifth Defendant is Tan Lah Lai (NRIC: 890206-02-5811), a citizen of Malaysia of
full age having registered address at No. 13, Taman Bahagia, Jalan Indah, Petaling
Jaya, 40500, Kuala Lumpur. At the material time, the fifth Defendant is an employee of
the fourth Defendant.
7) In January 2002, Plaintiff had entered into a contract (hereinafter referred as the said
contract) with the first Defendant to perform at the club for three nights in a week during
the months of February and March 2002. Under the said contract, the First Defendant
had agreed to pay the Plaintiff RM 5,000 a month.
8) According to the said contract, there is a clause that statedFailure to perform on the
agreed day will automatically terminated the contract unless it is caused by an
unfavorable accidents or natural disasters.Both the Plaintiff and First Defendant had
agreed on this particular clause in which the First Defendant will compensate the
Plaintiff if he failed to perform due to the particular causes as mentioned in the said
contract.
9) However, on 1.2.2002, the Plaintiff had encountered with an accident which caused
by negligence on the part of the Third Defendant and Fifth Defendant. Due to the
negligence of the said Defendants, the plaintiff had been hospitalized at Maju Medical
Centre until 3.5.2002 which had made him unable to perform as according to the said
contract.
PARTICULARS OF FIRST DEFENDANTS BREACH OF CONTRACT
10) On 1.2.2002, at about 7.00pm Plaintiff while on his way to the club, the Plaintiff had
involved in an accident which due to reckless driving of Third Defendant and Fifth
Defendant, which disable Plaintiff to perform for next two months in the club as
according to the said contract.
11) The First Defendant had breach the terms of the said contract which the clause
stated that the First Defendant will compensate the Plaintiff if he is unable to perform
due to the particular causes as mentioned in the said contract.
12) The First Defendant had terminated the said contract due to the failure to perform
on the part of the Plaintiff and refused to pay any compensation to the Plaintiff.
13) Since the First Defendant in breach of the said contract thus the First Defendant
entitled to pay compensation to the Plaintiff as according to the said contract.
PARTICULARS OF THIRD & FIFTH DEFENDANTS NEGLIGENCE
14) At 7.00 p.m. on 1.2.2002, the Plaintiff boarded on the taxi (registration no. BFL 452)
drived by the Third Defendant. The Third Defendant was driving too fast and when the
Plaintiff had asked the Third Defendant to reduce his speed ,he said that he have to
return the taxi which he hired from the Second Defendant before 7.00 p.m. at the
Syarikats depot in Pudu.
15) At about 7.15 p.m, along Jalan Bahaya that met Jalan Cemas at the junction in
Petaling Jaya, the traffic light were not working and the Third Defendant did not stop at
the junction. At the same time, a bus kilang (registration no. BFR 9222) which belonged
to Fourth Defendant was driven by the Fifth Defendant darted out from Jalan Cemas
and collided with Third Defendants taxi.
16) As a result of the Third Defendants reckless driving and the impact of the collision,
the Plaintiff was thrown out of the taxi and lost consciousness. The Plaintiff had suffered
a severe body injuries due to the accident.
LIABILITY OF SECOND AND FOURTH DEFENDANT
17) Since the taxi (registration no. BFL 452) drove by the Third Defendantis owned by
the Second Defendant thus the Second Defendant is also liable to pay damages to the
Plaintiff.
18) Since the Fourth Defendant who owned the bus kilang(registration no. BFR 9222)
is the employer of the Fifth Defendant thus Fourth Defendant also vicariously liable for
the negligence of its employee who had collided with the taxi and hence entitled to pay
damages to the Plaintiff.
PARTICULARS OF PLAINTIFFS INJURY

19) Plaintiff suffered from a fracture of the right tibia and fibula bones due to collision
from the negligence on the part of Third and Fifth Defendants. Plaintiff also suffered
from a spinal injury which causes pain on his left hand.
20) Plaintiffs right leg is injured and consequently caused the Plaintiffs right leg to be
one inch shorter than his left leg.
[Medical Report and Specialist Report will be attached]
PLAINTIFFS CLAIM
21) Plaintiff claims the damages on medical expenses incurred by him during the period
he had been hospitalized from the Second Defendant, Third Defendant, Fourth
Defendant and also the Fifth Defendant due to the accident caused by negligence on
the part of the Defendants which had make him unable to sing and dance from the date
of accident.
SPECIAL DAMAGES FOR PLAINTIFF
a) Cost of medication for fracture of the right tibia and

fibula bones and amputation of 1cm from right leg
bone (for 3 months)
RM12,000.00
b) Physiotherapy (for 3 months)
RM 1,000.00
c) Costs of extra food and nourishment (for 3 months)
RM
900.00
d) Costs of medical and specialist report
RM
100.00
----------------------
RM14, 000.00
_____________
22) Plaintiff also claims from the First Defendant compensation due to breach of the
said contract by the First Defendant.
23) Plaintiff also claims interest on special damages of 4% per annum from the datethe
suit was submittedto the date of judgment and the interest of 8% per annum for general
damages from the date the suit was submitted to the date of judgment.
24) Plaintiffs also seek a judgment for: -
a Cost;
b Such further or other relief as this honorable court may deem fit.
Dated at 13 MAY 2002
..............................................
PLAINTIFFS SOLICITOR
STATEMENT OF CLAIM is filed by Messrs Irwan & Associates, Solicitors for Plaintiff
having address at Universiti Sultan ZainalAbidin, Kampus Gong Badak, 21300, Kuala
Terengganu.
(Our reference: MI/CV06/2015)

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CIVIL PROCEDURE II

ASSIGNMENT: DRAFTING OF PLEADING(Statement of Claim)

LECTURER: EN. HAZRI BIN HARIS

Ummu Farah Binti Fais

Nurul Fatin Amirah Bt Abd Wahab (*******)

Olga Octavia Mathius

I am twenty-seven years old. I am married to Janice and we have two children,

IN THE MAGISTRATE COURT OF MALAYA

1. BLUE MOON NIGHT CLUB

PARTICULARS OF PLAINTIFFS INJURY

[Medical Report and Specialist Report will be attached]

SPECIAL DAMAGES FOR PLAINTIFF

a) Cost of medication for fracture of the right tibia and

b) Physiotherapy (for 3 months)

c) Costs of extra food and nourishment (for 3 months)

d) Costs of medical and specialist report

Dated at 13 MAY 2002

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