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2023 MarsdenLR 1248

HIGH COURT MALAYA KUALA LUMPUR
LIN KAI LAM & ANOR – Appellant
Versus
COLIN ANDREW PEREIRA – Respondent


Petitioner Advocates:,Respondent Advocate:

Table of Content
1. plaintiffs' claim against defendant for legal conduct. (Para 1)
2. defects in the statement of claim (soc) identified. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. court's powers to strike out defective pleadings. (Para 11 , 12 , 13 , 14)
Akhtar Tahir J:

Introduction

[1] The Plaintiffs' claim against the Defendant a lawyer, is for the Defendant's conduct in handling a civil matter on behalf of the Plaintiff in a civil claim filed in the High Court of Shah Alam bearing the registration number 22NCVC-709-06/2012.

[2] After perusing the Plaintiff's claim, the Court struck off the Plaintiffs' Statement of Claim for being defective in being noncompliance with the provisions of the Rules of Court 2012 ("the Rules").

Defective Statement Of Claim (SOC)

[3] The 1st defect is that the entire contents of the Statement of Claim filed in the Shah Alam High Court was reproduced in the SOC. This reproduction is unnecessary and not allowed as it forms part of evidence to be adduced during the trial. Only facts and not the evidence that should be pleaded in the SOC.

[4] The reproduction of the entire statement of claim of the Shah Alam Court is a clear cut breach of O 18 r 7(1) which stat

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