JUDGMENT

Atan Mustaffa Yussof Ahmad J:

Introduction

[1] This judgment concerns an appeal against the decision of the Sessions Court in allowing the striking out application filed by the Respondent to strike out the Appellant's claim pursuant to O 18 r 19(1)(b), (c) and (d) of the Rules of 2012. The Appellant's claim against the Respondent is for a sum of money outstanding for goods supplied, premised primarily on a letter issued by a third party to the Respondent. The key issues that arise for determination in this appeal are whether the Appellant has a reasonable cause of action against the Respondent, whether the Respondent had breached any obligations owed to the Appellant, whether the cause of action of fraud has been established against the Respondent and whether the Respondent's failure to respond to a letter of demand amounts to an admission of liability. In arriving at my decision, I have considered the Appeal Record, written submissions of both parties as well as the grounds of judgment of the learned Sessions Court Judge. Before setting out my findings on the issues, I will first briefly outline the salient facts of the case.

Background Facts

[2] The Appellant, Digora Sdn