Azizul Azmi Adnan J:

Introduction

[1] The appellant's claim against the respondent was struck out by the Sessions Court. It appealed against this decision. The appellant was the plaintiff in the Court below, and the respondent the defendant. They will be referred to here as they were there.

Background

[2] The plaintiff case was as follows. It supplied concrete mix to a company known as MBN Consortium Sdn Bhd ("MBN Consortium"). MBN Consortium failed to settle debts owed to the plaintiff arising from the sale of those goods. The plaintiff commenced a suit against MBN Consortium in 2018 and obtained a judgment in default of appearance in October 2018.

[3] That judgment remained unsatisfied.

[4] The defendant had signed a Guarantee and Indemnity with the plaintiff in connection with the payment obligations of the MBN Consortium. The terms of this Guarantee and Indemnity provided, among others, that the defendant would guarantee the payment obligations of the MBN Consortium to the plaintiff and that it would indemnify the plaintiff against all liabilities arising from the supply of goods by the plaintiff to MBN Consortium.

[5] Having failed to obtain satisfaction of its judgment again