Introduction

[1] This appeal was filed by the defendant against the decision of the Sessions Court which allowed the plaintiff's claim for unpaid invoices in the sum of RM394,232.38 with costs.

[2] The plaintiff had also filed a cross-appeal challenging the decision of the Sessions Court. The cross-appeal was directed against the Sessions Court's decision to award statutory interest instead of the contractual interest of 1.5% per month as expressly stipulated in the invoices.

[3] After carefully perusing the record of appeal and considering the submissions of both parties, I found no cogent reasons to interfere with the findings of the learned Sessions Court Judge. The defendant's appeal and the plaintiff's cross-appeal were accordingly dismissed. Costs of RM10,000.00 were awarded in respect of dismissal of the appeal while costs of RM5,000.00 were awarded in respect of dismissal of the cross-appeal.

Brief Background Facts

[4] The defendant had engaged the plaintiff as its subcontractor through a Letter of Award dated 19 May 2017 ("Letter of Award"). The scope of work under the subcontract required the plaintiff to design, supply, install, test and commission