JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] The plaintiff commenced this action against the defendant to recover the sum of RM1,398,685.50 ("Outstanding Sum") which remained outstanding pursuant to a Settlement Agreement executed on 16 December 2021. The Outstanding Sum represented the balance due from the defendant to the plaintiff after deducting three payments amounting to RM398,685.00 from the agreed sum of RM1,797,370.50.

[2] The claim arose from repair costs and rental charges incurred for a drilling machine identified as Drilling Rig Machine Type/SN: LB36-410/115953 ("Second Machine"). The machine sustained damage while it was under the possession and control of the defendant. The defendant denied liability and contended that the damage occurred within the warranty period. The defendant further asserted that the damage did not result from any mishandling on its part.

[3] After carefully assessing the evidence and considering the submissions from both parties, I found that the plaintiff had successfully discharged its burden of proof on the balance of probabilities. The plaintiff successfully established its claim through credible evidence. Consequently, I allowed the p