DEFENCE AND COUNTERCLAIM Description/title of the pleading

DEFENCE

1. The Defendant admits paragraph 1 of the Statement of Claim. Admission

2. The Defendant denies that he was negligent as alleged in Denial

paragraph 2 of the Statement of Claim or at all.

3. Further or in the alternative the accident referred to in paragraph 1

Defendant alleges that the accident
of the Statement of Claim was caused or contributed to by the
was caused by the negligence or
negligence of the Plaintiff. contributory negligence of the
plaintiff.
Particulars of Negligence

(1) Driving at an excessive speed in the circumstances;

Particulars of the negligence of the
plaintiff must be set out in full.
(2) Failing to slow down at a dangerous bend in the said road;

(3) Failing to slow down, swerve, stop or in any other manner to

so control or manage motor-car No. MAT6627 as to avoid
hitting the motor-van No. MR2766;

(4) Failing to properly control motor-car No. MAT6627;

(5) Failing to keep any or any proper lookout or to have any or

any sufficient regard for other traffic travelling in the same
direction on the said road;

(6) Failing to take account of the path of motor-van No. MR 2766

on the said road or otherwise notice the presence of the said
motor-van;

(7) Failing in the circumstances to exercise or maintain any or any

proper or effective or cautious control of motor-car.

4. The Defendant denies the alleged loss or damage referred to in

Denial
paragraph 3 of the Statement of Claim or any loss or damage at
all.

5. Save as hereinbefore specifically admitted, the Defendant denies General traverse

each and every allegation in the Statement of Claim as if the same
were specifically set out and traversed seriatim.

COUNTERCLAIM

6. The Defendant repeats paragraph 3 hereof, and say that by reason Defendant counterclaims for injuries,
of the matters therein the Defendant has suffered injuries, loss and loss and damage suffered.
damage.

Particulars of Injuries Particulars of injuries and special

damages should be given.
(a) Bruises on the cheek.

(b) Stiff neck for 3 days.

 Special damages can consist of:
Particulars of Special Damages
Medical expenses
Nursing care
(a) Medical expenses RM 150 Property damage
Replacement costs
(b) Damage to motor-van RM5,200

(c) Damage to clothing and personal effects RM 90

(d) Cost of hire of replacement van for 2 weeks RM 300

from 9.4.2009 to 22.9.2009 _________ Special damages are to be strictly
RM5,740 proved
_________

Special damages, general damages,

And the Defendant counterclaims:
interest and costs are included in the
prayer of the counterclaim.
(a) Special damages in the sum of RM5,740;

(b) General damages;

(c) Interest;

(d) Costs;

(e) Such further or other relief as this Honourable Court deems just.

Dated this day of 2010 Pleadings should be dated. Dates

must be in figures and not in words.

Pleadings must be signed by the

party or by the partys solicitor

..
Solicitors for the Defendant

Pleadings must be indorsed with the

This Defence and Counterclaim is filed by Messrs Gan & Gan, Solicitors for solicitors name and address.
the Plaintiff whose address of service is No 7B, Jalan PM1, Plaza Melaka,
75000 Melaka.