Elaine Yap Chin Gaik JC:

Introduction

[1] In this Judgment, the parties will be referred to as they were in the court below. The Plaintiff's claim before the Sessions court was for the recovery of the unpaid balance of 2 invoices issued for services rendered in the sum of RM54,248.44 (out of the total sum invoiced of RM81,372.66), late payment interest at 3% per month ("LPI") and costs.

[2] The 2 invoices were dated 10 June 2020 and 22 July 2020 ("Invoices") and provided that LPI at 3% per month was chargeable if the invoices remained unpaid after 30 days. The Invoices remained unpaid for some 2 years. In May 2022, an action similar to the present was filed by the Plaintiff before the Magistrate. For reasons that are unclear, the action was re-filed in the Sessions court on 27 October 2022.

[3] Before 27 October 2022, the Defendant tendered part-payment of RM27,124.22. Two further payments of RM27,142.22 were made on 4 November 2022 and 14 December 2022. These sums represented only the principal debt and not the accrued LPI claimed.

[4] The Plaintiff maintained its claim for the accrued LPI which proceeded to trial. It was dismissed by the Sessions court Judge who determined tha