IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR

IN FEDERAL TERRITORIES OF MALAYSIA

SUIT NO 22 NCvC-1-2 of 2014

BETWEEN

1) BRIDGECON ENGINEERING SDN BHD [272302-V]
2) FUJITA CORPORATION (M) SDN BHD [98795-V] PLAINTIFFS

AND

UNIPHONE TELECOMMUNICATION BHD [3136-D] DEFENDANT

STATEMENT OF DEFENCE

1. The defendant admits paragraphs 1 until 9 in the Plaintiffs statement of claim.

2. The defendant also admits the scheme of payment has been provided in the Deed of
Assignment (DOA).

3. As for paragraphs 10 and 11, the Defendant admitted that a further sum of RM 8,
000,000 need to be paid by the Defendant 18 months from the date of the Certificate of
Practical Completion (CPC). However, the Defendant refused to pay the related amount
due to the failure of the plaintiffs to carry out their obligation under the Deed of
Assignment (DOA) namely to complete the works and to rectify substantial defects in the
constructions of the projects. The plaintiffs are abide to complete and yet remedied the
work set out in Appendix I and Appendix II due to the fact that there are incomplete
works and defects that are serious and substantial.

4. The defects are not minor in nature and not substantial due to the fact that the Certificate
of Making Good Defects Works only issued on 6 November 2014 after two and half
years of the date of issuance of purported CPC.

5. The amount of RM8,000,000 is the retention sum payable under item 7 of the 2
nd

Schedule to the Sale and Purchase Agreement. The DOA itself preserves the Plaintiffs
obligation to make good defects arising during the defect liability period.

6. As for paragraph 12, the Defendant oppose the sum claimed by the plaintiffs in the
statement of claim which is RM8,000,000 since the CPC in not properly and validly
issued. The defects are so extensive and substantial and the issuance of the CPC by the
project architect is wrong, not bona fide and unlawful. The issuance of CPC must be in
the manner prescribed by Pertubuhan Arkitek Malaysia (PAM).

7. Save as herein before expressly admitted the Defendant denies each and every
allegation contained in the statement of claim as though each and such allegation was
herein set out and specifically traversed seriatim.



Dated . day of, 2014.


_____________________
Messrs Muaz,Shimi & Co,
Solicitor for the Defendant


This STATEMENT OF DEFENCE issued by MESSRS MUAZ, SHIMI & CO, address of service
M4C/6, Jalan Pandan Indah, Pandan Indah, 55100 Kuala Lumpur. Phone: 03-42802672, Fax:
03-42803116, Email: muazshimico@gmail.com as the solicitor for the defendant.
[Ref: CIV/LITmuazI/03-14]