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IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN SHAH ALAM, SELANGOR DARUL EHSAN


CIVIL SUIT NO. 1122 OF 2016

BETWEEN

BORNERO SDN. BHD ...Plaintiff


(CO.NO: 123456-V)

AND

DELTA SDN. BHD …Defendant


(CO. NO: 789123)

STATEMENT OF CLAIM

1. The Plaintiff is a private limited company incorporated in Malaysia under the


Companies Act 1965. Its registered at Kuching, Sarawak. At all material
times, it carried on business as supplier of computers.

2. The Defendant is a private limited company incorporated in Malaysia under


the Companies Act 1965. Its registered address is at No.1 Jalan Ampang
55000 Kuala Lumpur. At all material times, it carried on cyber café business.

3. By a contract contained in a written agreement executed between the Plaintiff


and Defendant on 21st September of 2015 (referred to “agreement”), the
Plaintiff agreed to supply to the Defendant 150 units of computers at an
agreed price of RM8000 a unit subject to terms and condition in the
agreement.

4. The material terms of the agreement, inter alia:


(a) The computers are to be shipped to Kuala Lumpur via sea to Port Kelang,
Selangor by 20 November 2015 upon payment of a deposit of
RM120,000.00.
(b) The computers to be delivered within one month from the payment of the
deposit.
(c) The balance of the payment in the amount of RM1,080,000.00 will be
made upon delivery of the computers at the warehouse in Port Kelang.

5. Plaintiff had delivered the computers using the carrier of Senandung


Semalam Cargo and Defendant had acknowledge receipt of the computers on
15 January 2016.

6. Defendant had breached the terms in the agreement when Defendant failed,
refused and/or neglected to pay the balance of the payment amounted to
RM1,080,000.00.

7. Due to the breach, Plaintiff served a notice of demand dated 20 February


2016 through its solicitor, Messrs. Bell & Loyar demanding the outstanding
amount calculated as at 20 December 2015 together with accrued interest.

8. As a result of Defendant’s breach of agreement, Plaintiff suffered loss.


( Despite the demand, Defendant still failed, refused and/or neglected to settle
the outstanding amount. Thus, Plaintiff suffered loss).

9. Based on the above, Plaintiff claims for this honourable court :


(i) Damages/loss for supply the computers.
(ii) Interest at the appropriate rate and period as the court deems just
(iii) Costs
(iv) Such other relief as this court deems just and fit in the circumstances of
the case
Dated 20th December 2016

……….…............................

Messrs Bell & Loyar


Solicitors for the Plaintiff

This STATEMENT OF CLAIM is filed by Messrs Bell & Loyar of Suite 2, AL706,
Academic Building 2, Faculty of Law, Universiti Teknologi MARA (UiTM), 40450
Shah Alam, Selangor Darul Ehsan, Solicitors for the Plaintiff.

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