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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!"#$"%% AND SPEEDY GON&ALES …1 ST D'%'#!#$ 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 the statement 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.

Statement of Defence Hafiz

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Page 1: Statement of Defence Hafiz

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