JUDGMENT

Ahmad Fairuz Zainol Abidin J:

Introduction

[1] The Plaintiff initiated the present Suit to claim for the outstanding sums due and owing for the supply of quarry products together with interest thereon from the Defendant. Enclosure 13 is the Plaintiff's application for summary judgment to be entered against the Defendant pursuant to O 14 of the Rules of 2012 which was allowed by this Court on 26 November 2020.

[2] Dissatisfied with the decision, the Defendant appealed. These are the full reasons of this Court.

Background Facts

[3] The background facts have been set out in the submissions. This Court adopts the salient facts as set out herein below.

[4] The Plaintiff and the Defendant entered into a written Supply Contract dated 1 January 2019 for the supply of quarry products by the Plaintiff to the Defendant ("the Supply Contract"). The quarry products were for construction works on the 'Electrified Double Track Project from Gemas to Johor Baharu' where the Defendant was the Sub-Contractor appointed by the Main Contractor, Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd ("SPYTL"), the Third Party abovenamed.

[5] Subsequent to the execution of the Supply Contract, the Plaintiff issued a