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    UCV4622 Civil Procedure II Midterm Question

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    Hairi Zairi
    The document is an exam paper for a Civil Procedure course consisting of two questions. Question 1 asks students to draft a defence pleading responding to a statement of claim regarding an alleged unpaid loan. Question 2 asks students to evaluate amendments to pleadings that are not made in good faith, drawing from principles in a cited case.

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    UCV4622 Civil Procedure II Midterm Question

    Uploaded by

    Hairi Zairi
    153 views3 pages
    The document is an exam paper for a Civil Procedure course consisting of two questions. Question 1 asks students to draft a defence pleading responding to a statement of claim regarding an alleged unpaid loan. Question 2 asks students to evaluate amendments to pleadings that are not made in good faith, drawing from principles in a cited case.

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    The document is an exam paper for a Civil Procedure course consisting of two questions. Question 1 asks students to draft a defence pleading responding to a statement of claim regarding an alleged unpaid loan. Question 2 asks students to evaluate amendments to pleadings that are not made in good faith, drawing from principles in a cited case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    153 views3 pages

    UCV4622 Civil Procedure II Midterm Question

    Uploaded by

    Hairi Zairi
    The document is an exam paper for a Civil Procedure course consisting of two questions. Question 1 asks students to draft a defence pleading responding to a statement of claim regarding an alleged unpaid loan. Question 2 asks students to evaluate amendments to pleadings that are not made in good faith, drawing from principles in a cited case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    STUDENT ID NO

    MULTIMEDIA UNIVERSITY
    MIDTERM EXAMINATION
    TRIMESTER 2, 2 2020/2021 SESSION

    UCV4622 – CIVIL PROCEDURE II


    (All Sections / Groups)

    15 JANUARY 2021

    10:00AM-11:00AM
    (1 Hour)

    INSTRUCTIONS TO STUDENT

    1. Students will have 1 hour to answer the questions.

    2. This question paper consists of 2 pages with 2 Questions to answer. Answer all
    questions.

    3. Students are only allowed to bring in CLEAN AND ORIGINAL COPY of Rules of
    Court 2012 into the exam venue. “Clean” is defined to include no tagging, no
    annotation either by the publisher or anyone else, and no erased marking. Highlighting
    and underlining are also prohibited.

    4. Please write all your answers in the Answer Sheet provided.


    UCV4622 CIVIL PROCEDURE II 15 JANUARY 2021

    QUESTION 1

    Hang Je Bat (HJB) has commenced an action in Klang (Civil Suit num: 52-299-2021)
    against Laksamana Bentan Enterprise, an enterprise owned solely by S.Mahmod (SM).
    Parts of the statement of claim, which was served on SM on 14.01.2021, are reproduced
    below:-

    1. On 29.05.2019, the Plaintiff agreed to lend to the defendant the sum of


    RM350,000 which the defendant agree to repay by 29.06.2020 (“the said
    agreement”).

    2. The said agreement is evidence in a memorandum signed by the defendant dated


    30.05.2019.

    3. Pursuant to the said agreement, on 02.06.2019 the plaintiff release to the


    defendant by way of loan the sum of RM350,000.

    4. The defendant has repaid the plaintiff the total sum of RM150,000 on account of
    the said loan:-

    Particular

    Date Cheque No. Amount


    25.01.2020 MBB242512 RM75,000
    13.02.2020 MBB242756 RM75,000

    5. The defendant has not paid the balance of the said loan amounting to RM200,000
    and the sum remains due and owing by the defendant to the plaintiff.

    6. And the plaintiff claims to the defendant:-

    (a) Payment of the said sum of RM200,000;


    (b) Interest;
    (c) Costs; and
    (d) Such further relief that this Honorable Court deems fit and proper.

    Dated the 02 day of January 2021

    (signed)
    ……………………………
    Solicitors for the Plaintiff

    This Statement of Claim is prepared and filed by Messrs. AJ & Associates, solicitors for
    the Plaintiff, whose address at No.1-04, Jalan Dato’ Bandar Tunggal, 70450 Seremban,
    Negeri Sembilan.
    (Ref: AJA/1510/2019/Civ-fz)

    Continued…

    ____________________________________________________________________________________________________________
    NFA 1/2
    UCV4622 CIVIL PROCEDURE II 15 JANUARY 2021

    SM, as the owner of LBE admits to the Agreement but denies that LBE has failed to pay
    the balance of loan payment. SM instructs you that the balance of the loan was paid to and
    through HJB’s solicitors, Messrs. Zam Zam Alakazam & Associates by three of MBB
    cheques no: 36912 of RM75,000, 48121 of RM50,000 and 68881 of RM75,000 dated 13
    April 2020, 02 May 2020 and 01 June 2020 respectively. As such, SM contends that HJB
    has no claim against him.

    SM instructs you to file a defence to HJB’s claim. Prepare the pleading.


    (12 marks)

    QUESTION 2

    The general principle is that the court will allow such amendments as will cause no injustice
    to the other parties. Three basic questions should be considered to determine whether
    injustice would or would not result, (1) whether the application is bona fide; (2) whether
    the prejudice caused to the other side can be compensated by costs and (3) whether the
    amendments would not in effect turn the suit from one character into a suit of another and
    inconsistent character.

    As per Mohamed Azmi FJ in Yamaha Motor Co Ltd v Yamaha Malaysia Sdn Bhd & Ors
    [1983] 1 MLJ 213.

    With support from case law, evaluate amendments (pleadings) applications which is not
    bona fide.
    (8 Marks)

    Total: 20 marks

    End of Page

    ____________________________________________________________________________________________________________
    NFA 2/2

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