Pleadings

Defendant duly entered an appearance. What to do next? Whether you have served SOC with the writ. PLEAD!"S • • •

"eneral principle A#end#ent of pleadin$s Stri%in$ out

General principle •

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Pleadin$ are state#ent in writin$ prepared &y the parties partie s and served to each other.  'his pleadin$s consist of all the the #aterial facts which the parties will &e relyin$ on for their clai#(defense. Applied &y the process of writ.  'er#  'er# pleadin$ is not de)ned in *OC+ *OC+ exclude !OA !OA and all preli#inary acts acts ,petition etc./ what a&out an a0davit. t is not pleadin$. Petition+ unless court OS writ+ treat a0davit as thou$h it is a pleadin$. ncludes SOC+ counter clai#+ defence+ defense to counter clai#+ a reply and su&se1uent responds. What are the functions of pleadin$s? t is to infor# the other side of the case so that the other party will o not &e ta%en &y surprise. t also help to de)ne the issues that need to &e tried to save cost o durin$ trial and to li#it the a#&it of discovery of evidence. t also infor#s the trial 2ud$e with the precise state#ent of o contention &ecause in the pleadin$ process the peri#eters will &e decided &y the parties. t also acts as the per#anent record in the court. Principle of res o  2udicata to prevent the the parties fro# &rin$in$ the case a$ain. a$ain. Lee ah cho v southern &an% 3 lawyers #ust draft pleadin$s with all due care. Client #ay su4er $rave conse1uences i.e stri%in$ out+ ad#ission of cause of action+ denied re#edy. A trial without pleadin$s o.56 r 77. 

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Statement of claim • • • •

State #aterial facts that it will esta&lished practically case O.56 r 58,5-9 relief and re#edy that you #ay clai#. f you SOC the df will o.56 r 5: to stri%e out your clai#. O 56 r ; 3 do so within 5< days ,service of the SOC-. f you fail to serve SOC O.7: r 5 df can now as% the court to dis#iss the action.

Statement of defence

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O.5: r 798+ default of defence. =ou can always enter a 2ud$#ent in default of defence. What if your case is a clai# for speci)c perfor#ance+ in2unction o 5> r ;. ound in o.5: r @+ you can enter 2ud$#ent in default of defence. ut this is &y way of leave &y court+ it is not ad#inistrative.  Bud$#ent in default of defence can &e set aside. O.5: r : ,e1uivalent to o5> r 6-.

Counter claim •

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s there a need for df to serve a reply? O.56 r >,5-. f it is needed for co#pliance for o. 56 r 6. Otherwise+ rule 5< shall apply. *eply only to deny the SOC. *eply #ust ta%e place within 5< days after the service of SOD. O. 56 r 5< 3 if there is no reply+ SOC+ SOD+ no reply+ fro# the SOC  SOD+ there are issues that has crystallised. *ead to$ether with o. 56 r 7.

Pleadings •

/ when a pleadin$s dee#ed to &e closed? Why do we &other to %now when pleadin$s are dee#ed to &e closed? O.56 r 7 3 dee#ed to &e close 5< days after service of reply( o defence to counter clai# ,service of the last pleadin$s-. Why is it i#portant to %now when? Close of pleadin$s 3 there is o dee#ed to &e a 2oinder of issues. t si$ni)es the next sta$e discovery o. 7<. Once pleadin$ re closed+ you cant a#end your writ unless you $et leave fro# the court. O.56 r @957 Pleadin$s should contain facts and not law. o Fow can court decide on whether it is a tort whatsoever if &oth parties plead law and do not %now what are the facts. t should contain facts and not evidence. o Evidence is to &e adduced durin$ trial. t should only contain facts that are #aterial. o  =ou can raise a point of law. Giddlesex county council v !athan ,para @- 3 no alle$ation of facts whatsoever. f in dou&t+ if you dont plead a particular cause of action+ &arred fro# $ettin$ relief(re#edy. Parties are always &ound &y their pleadin$s+ cannot $o &eyond their pleadin$s. Chartered &an% v yon$ chan 3 respondent &rou$ht action a$ainst o &an% for wron$ful dishonour of che1ue. Defa#ation. reach of contract. 7 possi&le cause of action. 'hey only sued for li&el+ the li#itation has set in. the court could not $ive da#a$es. Court $ive da#a$e for &reach of contract. Standard chartered appealed. !o clai# for &reach of contract+ it was never pleaded. Bud$#ent was set aside. 

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Anwar v aHiH 3 df was lia&le. Court did not $ive 5I da#a$es for ne$li$ence. Df failed to plead contri&utory ne$li$ence. Exceptions/ even thou$h it had not pleaded a particular point+ &ut you are allowed to raise it. One is ille$ality especially if it is ille$al contract. Kim sung fnance. Second+ court lac%s 2urisdiction. 'hird+ KEP Mohd Ismail v Overseas Chinese Banking a point was not pleaded &ut the court said we can ta%e this point if the other parties failed to o&2ect and allow the point to &e developed. Lastly+ wisma puncak emas o

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