JUDGMENT

Christopher Chin Soo Yin JC:

(Other Than A Decision Made After Trial)

(Order 55 Rule 5 Rules Of 2012)

[1] The Appellant/Plaintiff is appealing against the decision of the Sessions Court delivered on the 25 January 2021. In the Sessions Court, upon the application of the Respondent/Defendant, the Plaintiff's Statement of Claim dated 11 December 2019 was struck off with costs.

[2] The Appellant was the Plaintiff in the suit below and the Respondent, the Defendant.

The Appellant's Claim In Substance

[3] The Appellant alleges that over 2013 and 2017 the Respondent had ordered square building foundation piles from the Appellant on the expressed or implied term that interest at the rate of 1.5% per month will be imposed for any overdue account.

[4] The Appellant further alleges that there was a continuing credit account existing between the parties.

[5] It is alleged that the Appellant, in breach of such arrangement the Defendant failed and/or refused to pay for the piles leaving a balance of RM326,068.60 and accrued interest of RM246,024.36.

[6] The last payment made by the Defendant was on the 16 April 2014.

[7] Wherefore the Appellant claimed the sum of RM572,092.96 plus interest at th