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Sample Points of Defence

The respondent denies several claims made by the applicant in a goods and services dispute. Specifically, the respondent denies that there was an agreement for the car to have a roadworthy certificate or that certain statements were made during discussions. Alternatively, the respondent admits an agreement was made but denies the certificate was included. The respondent also argues a clause required extra payment for the certificate. Finally, the respondent denies knowledge of or responsibility for expenses claimed to make the car roadworthy.

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113 views

Sample Points of Defence

The respondent denies several claims made by the applicant in a goods and services dispute. Specifically, the respondent denies that there was an agreement for the car to have a roadworthy certificate or that certain statements were made during discussions. Alternatively, the respondent admits an agreement was made but denies the certificate was included. The respondent also argues a clause required extra payment for the certificate. Finally, the respondent denies knowledge of or responsibility for expenses claimed to make the car roadworthy.

Uploaded by

YenThiLe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Sample points of defence

The following is an example points of defence for a case about a goods and services
dispute.

Points of defence
In response to the Points of Claim, the respondent:
1. admits paragraph 1.
2. denies that there was any agreement made that the car had a roadworthy
certificate.
3. denies that any agreement was made in the discussion between the applicant
and the respondent and denies what is alleged to have been said by [Person R]
Or
a. admits that the parties made an agreement in the written document
signed on 1 January 2022 but denies that the document contained the
agreement alleged that the car was sold with a current roadworthy
certificate;
b. the respondent also says [in defence]:
i. clause 5 of the document states that the respondent would
obtain a current roadworthy certificate if the applicant paid an
extra $2,000;
ii. the applicant did not pay that amount and told the respondent on
[date] that he would obtain his own roadworthy certificate.
4. does not admit para 4 and has no independent knowledge of the car after 1
January 2022.
5. denies paragraph 5.
6. denies the expenses claimed in para 6 relate to making the car roadworthy and
does not admit that the expenses claimed were incurred.

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