SOC (Contract)

In the Session Court at XX/ High Court of Malaya at XX

In the State/Federal Territory of XX

Civil Suit No.123

BETWEEN

XXX

…Plaintiff

AND

YYY

…Defendant

Statement of Claim

  1. The Plaintiff is an individual residing at / an private limited company registered under the Companies Act 1965 having its registered office at __ and deals in …

  2. The Defendant is an individual residing at / an private limited company registered under the Companies Act 1965 having its registered office at _____ and deals in …

  3. By a written agreement entered into btw P and D on XXX/By an oral agreement entered into btw P and D on XXX/ On XXX, The D and P entered into an agreement, the D …

  4. The terms of the agreement are, inter alia, as follows: (if breached terms)/ Further prior to the execution of the agreement, the D assured the P that…, inter alia, the followings (misrep)

  5. At the time of entry of the said agreement, the P had informed D that the goods were urgently needed …

  6. Upon reliance on the said agreement, the P ….

  7. In compliance with the agreement, the P

  8. In breach of the agreement, D/ The P later discovered that the representation were untrue and that the D has committed actual and antecedent breaches, as:

  9. The P was at all time, willing and able to carry out his part of the contract/ The P has rightfully rescinded and/or terminated the SPA by serving a notice on the D on XX

  10. The D has since wrongfully forfeited the deposit paid and refused to refund it to the P

  11. As a result of the misrep/ fraud and/or breach, the P has suffered loss and damages and has been put to expenses

    Particular of Damages

    -state pecuniary damages

  12. Further, as a result of the breach, the P has also suffered loss of reputation/ mental distress (non-pecuniary damages)

AND the P claim:

  • Damages pursuant to paragraph 7 in the sum of XYZ

  • A declaratory order from the Court that the D shall fully indemnify the P in the event the liabilities of P against the third parties are established

  • general damages

  • interest

  • costs

  • Any further and other reliefs that this Honourable Court deems fit and proper to grant

Dated 4th August 2025

___________

Solicitor for and on behalf of the Plaintiff

This Statement of Claim is filed by Messrs Wong & Co., solicitor for the Plaintiff whose address for service is at 25, Jalan Kasih, 50400 Kuala Lumpur.