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What to do next? Whether you have served SOC with the writ.
PLEADINGS
General principle
Amendment of pleadings
Striking out
General principle
Statement of claim
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
Pleadings
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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