SAMPI DEFENCE OF VOLENTI NON INJURIA IN THE SESSIONS COURT AT KUALA LUMPUR, IN WILAYAH PERSEKUTUAN, MALAYSIA CIVIL SUIT No. AS2NCve 555-12/2022 BETWEEN ALFRED SIM. (NRIC NO. : 771020-14-5506) PLAINTIFF AND AHMAD BADRUL BIN ALI (NRIC NO.: 711101-14-5555) DEFENDANT DEFENDANT'S STATEMENT OF DEFENCE 1. The Defendent files and serves this Statement of Defence without prejudice and/or without waiving the Defendant's right to apply to this Honorable Court to strike out the Plaintiff's claim against the Defendant, 2. The Defendant states that the Plaintiff's Statement of Claim dated 12-12-2020 (hereinafter referred to as the “sald Statement of Claim") is defective and not in compliance with the provisions of the Rules of Court 2012.SAMPLES The Defendant does not have knowledge of the Plaintiff's averments at paragraph 1 of the sald Statement of Claim and the Defendant puts the Plaintiff to strict proof thereof. Save and except that the Defendant resides at ~~, the Defendant denies all the other averments of the Plaintiff at paragraph 2 of the said Statement of Claim and the Defendent puts the Plaintiff to strict proof thereof, Save and except that the Defendant was driving the Proton Saga, having registration number BK 2345 (hereinafter referred to as the motor car”) and was involved in an accident with the Plaintiff, who was pedestrian and all the other averments of the Plaintiff at paragraph 9 of the said Statement of Claim are denied ‘and the Defendant puts the Plaintiff to strict proof thereof. The Defendant denies all the Plaintif’s averments at paragraph 4 of the said Statement of Claim and in particular the Particulars of Negligence, which the Defendant strenuously denies, and the Defendant puts the Plaintiff to strict proof thereof.10. SAMPLES The Defendant contends and will continue to contend that the Defendant was not negligent in any way whatsoever and/or was not blameworthy and the sé accident occurred without the fault and/or negligence of the Defendant, as the Plaintiff had voluntarily assumed the risk by running across the road when the traffic lights for the traffic had turned green. The Defendant states that the Plaintif had knowledge snd was fully appraised of the facts giving rise to the risk of injury and Understood the risk of injury when the Plaintiff ran across the road knowing that the traffic lights for the oncoming traffic had turned green. By reason thereof the Plaintif voluntarily undertook to be responsible for the risk Further, the Defendant states that the PI tiff had voluntarily assumed the risk with complete knowledge of the circumstances when the Plaintiff had decided to run across the road knowing that the oncoming traffic had started to move forward. The Defendant denies the applicability of the Maxim of Res Ipsa Loguitor in this matter and the Plaintiff's averments at paragraph § of the sald Statement of Claim are also denied and the Defendant puts the Plaintiff to strict proof thereof." 12. 13 14 16. SAMPLES ‘The Defendant denies the Plaintiff's averments at paragraphs 6, 7 and 8 of the said Statement of Claim and the Defendant puts the Plaintiff to strict proof thereof. The Defendant denies the Particulars of Injury and the Particulars of Special Damages and the Defendant puts the Plaintiff to strict proof thereof. Further, the Defendant states that the Defendant has no knowledge of the injuries alleged to have been sustained by the Plaintiff and further the Plaintiff is not entitied in fact and in law to the Special Damages as pleaded in the said Statement of Cisim ané the Defendant puts the Plaintiff to strict proof thereof, ‘The Defendant denies that the Defendant is liable to the Plaintiff as claimed by the Plaintiff in the said Statement of Claim and the Defendant states that the Plaintiff Is not entitled to all the reliefs sought in the Statement of Claim in fact and in law. Save and except as expressly admitted hereinabove, the Defendant denies each and every averment of the Plaintiff In the ‘said Statement of Claim as if the same are set out herounder and traversed in seriatim and the Defendant puts the Plaintiff to strict proof thereof.SAMPLES: 18. Wherefore the Defendant prays that the Plaintiff's claim against the Defendant as in the said Statement of Claim be dismissed with costs and the costs to be paid by the Plaintiff to the Defendant Dated this day of December, 2022 This DEFENDANT'S STATEMENT OF DEFENCE is filed by Messrs Lee, Lim & Co., Solicitors for the Defendant, whose address for service is at No. 3 Jalan Cantik, Petaling Jaya, 40280 Selangor Darul Ehsan [RefLLAB-A8/25678.16 Tel: 03-6548700 Fax: 03-6546701]