BETWEEN
PHILIP CHIN LIAN FUNG … Plaintiff
AND
JAMES YONG … 1st Defendant
JAMES KUO HANG UNG … 2nd Defendant
HARRY GOH ENG KIAT … 3rd Defendant
CHRISTOPHER CHEW … 4th Defendant
RICHARD LEE … 5th Defendant
CHIEH LIPP KEE … 6th Defendant
BENJAMIN CHUNG … 7th Defendant
WE COMMAND you that within twenty (20) days after the service of this Writ of Summons on you, inclusive of the day of such service, you do cause an appearance to be entered for you in a cause at the suit of the abovenamed Plaintiff.
AND TAKE NOTICE that, in default of your so doing, the Plaintiff may proceed therein to judgment and execution.
WITNESS the Registrar of the High Court in Sabah and Sarawak the 1st day of April, 2009
…………………………. …………………………
Advocates for the Plaintiff
High Court, Kuching
This Writ may not be served more than six (6) calendar months after the above date unless renewed by Order of the Court.
The Defendant may appear enter hereto appearance either personally or by an advocate at the Registrar of the High Court.
A Defendant appearing personally may, if he desires, enter his appearance by post, and the appropriate forms may be obtained by sending a Postal Order for RM5.00 with an addressed envelope to Registrar, High Court at Kuching.
INDORSEMENT AS TO SERVICE
Indorsed on the ........... day of ............... 2009
Process Server
STATEMENT OF CLAIM
1. Sometime in the early eighties, the Plaintiff was residing in a flat in Ealing Broadway, East London.
2. At the material time, the Plaintiff was a student.
3. All the Defendants are known to the Plaintiff and were also students studying in London at the material time.
4. On a date which the Plaintiff is unable to recall at this time (further particulars will be given after completion of the discovery process in these proceedings), the Defendants were with the Plaintiff at the Ealing Broadway flat.
5. Without any provocation whatsoever by the Plaintiff, the Defendants, acting in concert, committed assault and battery upon the person of the Plaintiff, full particulars whereof are as follows.
5.2 The Defendants then proceeded to use their fingers to prod and otherwise rub the Plaintiff in the region of his armpits, torso and navel area.
5.3 This continued for a period of several minutes although the Plaintiff felt that it was considerably longer than that.
6. By reason of the Defendants’ acts aforesaid, the Plaintiff suffered loss and damage.
6.2 The Plaintiff lost his voice for about a week and was unable to communicate with his girlfriend and this caused them considerable emotional distress.
6.3 During the episode of tickling, the Plaintiff laughed so much that he lost control of his bladder and was incontinent.
6.4 This incontinence had not happened since the Plaintiff was 9 years old and it caused the Plaintiff considerable worry that it would recur.
6.5 In consequence thereof, the Plaintiff was unable to sleep for several nights, repeatedly waking up to go to the toilet.
6.6 For several weeks thereafter, whenever in the presence of the Defendants or any of them, the Plaintiff felt an uncontrollable urge to relieve himself.
7. The Plaintiff did not take any legal action as he, thereafter, had a memory lapse which was probably attributable to the horrendous tickling he got.
8. His memory did not return until he came across a website on the internet set up by the 1st Defendant which contained, inter alia, a reference to the Plaintiff being ticklish and questions raised as to whether the Plaintiff had been tickled before.
9. This incident caused the Plaintiff to recall the incident pleaded above. By reason of his memory lapse, the Plaintiff will say that his claim is not barred by any limitation period.
AND THE PLAINTIFF CLAIMS:
1. Compensation in the form of a 16 oz wagyu ribeye, medium rare, with a side order of mushroom, salad and corn on the cob, accompanied by a bottle of red wine of a vintage compatible with the steak, or such vintage as the Court deems fit and just.
2. Costs in the form of another order of the same dish to be given to the Plaintiff’s solicitor who shall be entitled to share the red wine aforesaid.
3. Such further or other order as the Court deems fit.
Dated March 2009
………………………….
GEORGE LO
Advocate for the Plaintiff
RECENT SETTLEMENTS
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Part Settlement by 2nd Defendent (JKHU)