LIA4011/LXEA4123

LEGAL DRAFTING II

Scenario 1

Facts of the Case

Mr. Yusof Bana (“Yusof”) is the owner of a double-storey bungalow situated at No 786, Sri
Duta Heights, Jalan Duta 50000 Kuala Lumpur. He has agreed to rent his bungalow to one
Mr. Steven Dogba (“Steven”) and a tenancy agreement was drawn up, signed, and
executed by both parties. Amongst the conditions stipulated in the tenancy agreement
are as follows: -

i. That the Tenancy Agreement dated 01st January 2021 shall commence with
immediate effect.

ii. That the Tenant is required to pay an upfront deposit of 3 (three) months rental
and 3 (three) months advance rental.

iii. That the Tenant shall pay a monthly rent of RM5,000.00 to the Landlord not later
than the 07th of each month.

iv. That the duration for the said tenancy shall be for a period of 2 (two) years
commencing from 01st of January 2021 to 31st December 2022.

v. That the Tenant shall deliver vacant possession of the said premises upon
expiration or termination of the tenancy.

vi. That the Tenant shall make do and remedy any damage or defect of the premises
save and except for the condition of fair, wear, and tear.

vii. That notice of 1 (one) calendar month is needed by either party in the event of
termination.

Mr Steven fulfilled provision (ii) above. However, he have failed to pay his rent for 6 (six
months) and has even caused serious damage to the kitchen flooring and ceilings of two
of the bedrooms of the property. Mr. Yusof comes to you and inform you that he wishes
to terminate the tenancy agreement, evict Mr. Steven, and claim for arrears of rental (6
months amounting to RM30,000) and further damages amounting to RM82,500.

He also wants further remedies if Mr Steven is adamant on staying at the property beyond
the termination date. Mr Yusof instructs you to commence legal proceedings against Mr
Steven if he fails to make payment and deliver vacant possession of the property.

Further facts: Mr Yusof Bana and Mr Steven Dogba are both Malaysian. The case need to
be filed in the Sessions Court.

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Scenario 2

Georgina Low (“Owner”), an online business entrepreneur wanted to renovate her house
addressed at No. 16C, Jalan Bersatu, 57100, Desa Petaling, Kuala Lumpur and appointed
Syarikat Kroni Maju (“Contractor”) as her contractors to carry out the renovation.

A service agreement dated 13 August 2021 was signed between the owner and Dhanush
Acharya, the Director of Syarikat Kroni Maju Sdn Bhd (Company No: X-100786). Among
the terms of the agreement are as follows:

(i) That the Contractor is to complete the renovation works not later than 4 (four)
months from the date of the Agreement.

(ii) That the Contractor is not allowed to appoint or assign any sub-contractor to
carry out the renovation works.

(iii) That the Contractor will purchase all the necessary building materials needed
for the renovation and the Owner will reimburse all payments made subject to
receipts being produced.

(iv) That the Contractor reserves the right to cease/discontinue work if the Owner
does not reimburse their claims for the purchase of materials.

(v) That the total payment for the cost of renovation including labour cost is
RM60,000/- (‘the renovation sum’) which shall be paid in two equal separate
instalments: first payment on the 13th August 2021 and the remaining balance
on the 13th of December, 2021 or upon completion of the renovation works
(whichever is earlier).

(vi) In the event of any late payment, the Contractor is entitled to charge 1.5%
interest per month on the outstanding sum until full and final settlement.

The Contractor completed the renovation two weeks earlier than the due date and
immediately demanded for the balance of the payment from the owner. The owner paid
her first instalment sum on the 13th of August 2021 but failed to pay the balance of the
renovation sum when requested. She also failed to reimburse the contractor for the cost
of the purchase of the building materials (which includes cement, granite, wood planks,
paints, and screws) for the renovation amounting to RM18,320/- even though all receipts
were given to the owner. Despite repeated request, the owner has failed/refused to pay
the outstanding sum.

Extra Facts: The Owner and Dhanush are Malaysian citizens. The Contractor is a company
registered in Malaysia.

The Summons need to be filed in the Magistrate’s Court. Any counter claims need to be
within the Magistrate’s Court jurisdiction.

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https://www.kehakiman.gov.my/en/about-us/court/lower-court/jurisdiction-session-
court-and-magistrate-court

Tutorial Roadmap
Tutorial 1 – Week 3
Draft a Letter of Demand for your client based on Scenario 1 or 2. Students to discuss
among themselves in their respective group and tutor to facilitate any question.
Tutorial 2 – Week 4
Draft the Letter of Demand for your client for Scenario 1 or 2 (Individual assessment)
Tutorial 3 – Week 5
Draft the Summons and Statement of Claim for Scenario 1 or 2. Students to discuss
among themselves in their respective group and tutor to facilitate any question.
Tutorial 4 – Week 6
Draft the Statement of Claim for Scenario 1 or 2 (Group Assessment 1). Students to
submit/ bring their SOC during tutorial and tutor will mark and give comment.
Thereafter students to amend the same upon comments from respective tutor. 15
minutes allocated to each group, the rest should utilise the time for group discussion.
Tutorial 5 - Week 7
Draft a Defence and Counter Claim for Scenario 1 or 2 (Group Assessment 2). Students
to discuss among themselves in their respective group and tutor to facilitate any
question.
Tutorial 6 – Week 8
Draft a Counterclaim and Set-Off for Scenario 1 or 2. Students to submit/ bring their
Defence/Counter Claim during tutorial and tutor will mark and give comment.
Thereafter students to amend the same upon comments from respective tutor. 15
minutes allocated to each group, the rest should utilise the time for group discussion.

Tutorial 7 – Week 9
Draft a Notice of Application and Affidavit in Support for Scenario 1 or 2 (Group
Assessment 3) . Students to discuss among themselves in their respective group and
tutor to facilitate any question.

Tutorial 8 – Week 10

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Draft an Interlocutory application (Summary Judgement) and Affidavit in Support for
Scenario 1 or 2. Students to submit/ bring their Defence/Counter Claim during tutorial
and tutor will mark and give comment. Thereafter students to amend the same upon
comments from respective tutor. 15 minutes allocated to each group, the rest should
utilise the time for group discussion.

Tutorial 9 – Week 11
Draft a Notice of Application and Affidavit in Reply for Scenario 1 or 2. Students to
discuss among themselves in their respective group and tutor to facilitate any question.

Tutorial 10 – Week 12
Draft an Affidavit in Reply to the Affidavit in Support. Students to submit/ bring their
Defence/Counter Claim during tutorial and tutor will mark and give comment.
Thereafter students to amend the same upon comments from respective tutor. 15
minutes allocated to each group, the rest should utilise the time for group discussion.

Tutorial 11 – Week 13
Draft the Judgement for Scenario 1 or 2.

Tutorial 12 – Week 14 - *Quiz – 2nd individual assessment.

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Tutorial 1 – Week 3

Your group will be assigned to a Case Scenario – Scenario 1 or 2.

If you are assigned to be the Plaintiff’s lawyer for Scenario 1, you will be the Defendant’s
lawyer for Scenario 2, if you are assigned to be the Plaintiff’s lawyer for Scenario 2, you
will be the Defendant’s lawyer for Scenario 1.

Draft a Letter of Demand for your client based on the given scenario.

Further Instructions:

(i) The Letter of Demand should be between 2 to 3 pages long.

(ii) Font size 12, Font Style – Cambria

Tutorial 2 – Week 4

Students to submit Letter of Demand based on Scenario 1 or 2.

Tutorial 3 – Week 5

Draft a Writ of Summons and Statement of Claim for Scenario 1 or 2.

Your group is required to draft a Writ of Summons and Statement of Claim based on the
given scenario.

Tutorial 4 – Week 6

To submit/bring Writ of Summons and Statement of Claim for Scenario 1 or 2.

Students to submit/ bring their SOC during tutorial and tutor will mark and give
comment. Thereafter students to amend the same upon comments from respective
tutor. 15 minutes allocated to each group, the rest should utilise the time for group
discussion.

Further Instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 5 - Week 7

Draft a Defence & Counter Claim for Scenario 1 or 2

Your group is required to draft a Defence based on the given scenario.

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Further Instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 6 – Week 8

To submit/bring Defence and Counter-Claim and Set-Off for Scenario 1 or 2. Students to

submit/ bring their Defence & Counter Claim during tutorial and tutor will mark and
give comment. Thereafter students to amend the same upon comments from respective
tutor. 15 minutes allocated to each group, the rest should utilise the time for group
discussion.

Further Instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 7 – Week 9

Draft the Notice of Application and Affidavit in Support for Scenario 1 or 2.

Your group is required to draft a Notice of Application and Affidavit in Support based on
the given scenario.

Further Instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 8 – Week 10

To submit/bring Notice of Application and Affidavit in Support for Scenario 1 or 2.

Students to submit/ bring their Notice of Application and Affidavit in Support during
tutorial and tutor will mark and give comment. Thereafter students to amend the same
upon comments from respective tutor. 15 minutes allocated to each group, the rest
should utilise the time for group discussion.

Further Instructions:

(i) Notice Application to follow the rules as prescribed by ROC 2012

(ii) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 9 – Week 11

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Draft an Affidavit in Reply to the Affidavit in Support of the Summary Judgment
application.

Your group is required to draft an Affidavit in Reply for Scenario 1 or 2.

Further Instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 10 – Week 12

To submit/bring Affidavit in Reply for Scenario 1 or 2. Students to submit/ bring their

Affidavit in Reply during tutorial and tutor will mark and give comment. Thereafter
students to amend the same upon comments from respective tutor. 15 minutes
allocated to each group, the rest should utilise the time for group discussion.

Further instructions:

(i) Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 11 – Week 13

Presume that you’ve won your case in court.

Draft a Judgment for Scenario 1 or 2. The Judgment can either be a Consent Judgment or
Judgment after Trial.

Further instructions:

Font – 12, Font Style – Cambria, spacing – at least 1.5

Tutorial 12 – Week 14

Quiz – 2nd individual assessment – you will be given one (1) hour to complete the
quiz. The quiz will be held on Spectrum.

Assessments

Penilaian Berterusan / Continuous Assessment: 100%

1. 70% - Tugasan Berkumpulan/Group Assignment. The 70% would cover as

below:-
i. To prepare Writ and Statement of Claim – 20%
ii. To prepare Statement of Defence & Counter Claim – 20%
iii. To Prepare Notice of Application and Affidavit in Support-20%

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iv. Affidavit in Reply – 10%

2. 10% Quiz – Week 14

3. 10% Individual Assessment (Letter of Demand)
4. 10% attendance/participation (individual)