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7/26/2019 Statement of Defence Hafiz
http://slidepdf.com/reader/full/statement-of-defence-hafiz 1/3
IN THE HIGH COURT OF MALAYA AT SHAH ALAM
IN THE STATE OF SELANGOR DARUL EHSAN
(CIVIL DIVISION)
CIVIL SUIT NO. 88 OF 2012
................................................................................................................................................
BETWEEN
MIKE MALANG …P!"#$"%%
AND
SPEEDY GON&ALES …1STD'%'#!#$
STATEMENT OF DEFENCE
1. Paragraph 1 of the Statement of Claim is admitted.
2. It is denied that the defendant was negligence as alleged in paragraph 2 at thestatement of claim or at all. It is further denied that the accident was caused by any
negligence on the part of the defendant.
3. The defendant states that the accident was caused , or contributed to by, the
negligence of the plaintiff.
P!TIC"#!S $% C$&T!I'"T$!( &)*#I*)&C)
a+%ailing to eercise the reasonable standard of alertness of the -efendants Pa/ero 0an
bearing the registration number - .
b+%ailing to stop,step aside or tae other action to a0oid being hit by the defendants 0an.
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c+%ailure to stop at /unction before crossing the road.
4. &o admission is made as to the alleged or any pain,in/ury, loss or damage or as to the
amount of the damage as alleged in paragraph 4 of the Statement of Claim or at all.
--ITI$&S 56)!) T6I!- P!T( I&7$#7)-
8. The accident was caused,or contributed to, by the failure of the braes of the 2 nd
defendants bus. The braes did not respond properly or at all when the dri0er of the
2nd -efendants bus applied them and he was unable to stop his bus and a0oid striing
the plaintiff.
. The failure of the braes, and accordingly the accident, were caused by the negligence
of the 2nd defendant ,which ha0e the responsibility to maintain the bus in safe
operating condition.
P!TIC"#!S $% &)*#I*)&C)
a+llowing the dri0er of the 2nd defendant to dri0e his bus away when it was not safe and
roadworthy.
b+ %ailure to repair the defecti0e brae of bus which caused the bus unable to stop or
reduced to pre0ent the collision.
9. s a result of the accident the plaintiff suffered comminuted fracture on his right tibia
and fibula and a compound fracture on his left temur. The plaintiff also suffered a fracture
on his 3rd and 4th left ribs.
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-ated this 1:th pril 2;12
This DEFENCE is filed by TETUAN AMIR SYAFI * PARTNERS+ of !oom C,
Cempaa 'uilding, %aculty of #aw, "ni0ersiti Tenologi !,4;48; Shah lam
d0ocates and Solicitors on behalf of the -efendant
<<.<<<..<<<<<<<<<<<
TETUAN AMIR SYAFI * PARTNERS
Solicitors for the -efendant