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Defendant duly entered an appearance.

What to do next? Whether you have served SOC with the writ.
PLEADINGS

General principle
Amendment of pleadings
Striking out

General principle

Pleading are statement in writing prepared by the parties and served to


each other.
This pleadings consist of all the material facts which the parties will be
relying on for their claim/defense.
Applied by the process of writ.
Term pleading is not defined in ROC, exclude NOA and all preliminary acts
(petition etc.)
Q: what about an affidavit. It is not pleading. Petition, unless court
OSwrit, treat affidavit as though it is a pleading.
Includes SOC, counter claim, defence, defense to counter claim, a reply
and subsequent responds.
What are the functions of pleadings?
o It is to inform the other side of the case so that the other party will
not be taken by surprise.
o It also help to define the issues that need to be tried to save cost
during trial and to limit the ambit of discovery of evidence.
o It also informs the trial judge with the precise statement of
contention because in the pleading process the perimeters will be
decided by the parties.
o It also acts as the permanent record in the court. Principle of res
judicata to prevent the parties from bringing the case again.
Lee ah cho v southern bank lawyers must draft pleadings with all due
care. Client may suffer grave consequences i.e striking out, admission of
cause of action, denied remedy.
A trial without pleadings o.18 r 22.

Statement of claim

State material facts that it will established practically case


O.18 r 15(1)- relief and remedy that you may claim.
If you SOC the df will o.18 r 19 to strike out your claim.
O 18 r 6 do so within 14 days (service of the SOC). If you fail to serve
SOC O.29 r 1 df can now ask the court to dismiss the action.

Statement of defence

O.19 r 2-5, default of defence. You can always enter a judgment in default
of defence.
What if your case is a claim for specific performance, injunction o 13 r 6.
Found in o.19 r 7, you can enter judgment in default of defence. But this is
by way of leave by court, it is not administrative.
Judgment in default of defence can be set aside. O.19 r 9 (equivalent to
o13 r 8).

Counter claim

Is there a need for df to serve a reply? O.18 r 3(1). If it is needed for


compliance for o. 18 r 8. Otherwise, rule 14 shall apply. Reply only to deny
the SOC.
Reply must take place within 14 days after the service of SOD.
O. 18 r 14 if there is no reply, SOC, SOD, no reply, from the SOC & SOD,
there are issues that has crystallised. Read together with o. 18 r 20.

Pleadings

Q: when a pleadings deemed to be closed? Why do we bother to know


when pleadings are deemed to be closed?
o O.18 r 20 deemed to be close 14 days after service of reply/
defence to counter claim (service of the last pleadings).
o Why is it important to know when? Close of pleadings there is
deemed to be a joinder of issues. It signifies the next stage
discovery o. 24. Once pleading re closed, you cant amend your writ
unless you get leave from the court.
O.18 r 7-12
o Pleadings should contain facts and not law.
How can court decide on whether it is a tort whatsoever if
both parties plead law and do not know what are the facts.
o It should contain facts and not evidence.
Evidence is to be adduced during trial.
o It should only contain facts that are material.
You can raise a point of law.
Middlesex county council v Nathan (para 7) no allegation of
facts whatsoever.
If in doubt, if you dont plead a particular cause of action, barred from
getting relief/remedy. Parties are always bound by their pleadings, cannot
go beyond their pleadings.
o Chartered bank v yong chan respondent brought action against
bank for wrongful dishonour of cheque. Defamation. Breach of
contract. 2 possible cause of action. They only sued for libel, the
limitation has set in. the court could not give damages. Court give
damage for breach of contract. Standard chartered appealed. No
claim for breach of contract, it was never pleaded. Judgment was
set aside.

Anwar v aziz df was liable. Court did not give 100% damages for
negligence. Df failed to plead contributory negligence.
Exceptions: even though it had not pleaded a particular point, but you are
allowed to raise it. One is illegality especially if it is illegal contract. Kim
sung finance. Second, court lacks jurisdiction. Third, KEP Mohd Ismail v
Overseas Chinese Banking a point was not pleaded but the court said we
can take this point if the other parties failed to object and allow the point
to be developed. Lastly, wisma puncak emas
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