Introduction

[1] The Plaintiff's claim against the Defendant is for non-payment for the paddy seeds supplied by the Plaintiff to the Defendant under a Paddy Incentive Program conducted by the Defendant.

[2] The Court in this case ruled that the issue of time limitation as raised by the Defendant in their Statement of Defense be determined first, before hearing the Plaintiff's main claim for non-payment against the Defendant.

Brief Facts

[3] The Plaintiff is a limited liability company incorporated in Malaysia. The Defendant is a limited company incorporated in Malaysia and involved in procurement and processing of paddy, warehousing, distribution and marketing of paddy seeds in Malaysia.

[4] Sometime beginning April 2007, the Defendant appointed the Plaintiff as one of its paddy seed supplier for its Paddy Seed Incentive Program known as "Rakan Benih".

[5] The Plaintiff was entitled to receive incentive payments for the paddy seeds supplied. The Plaintiff was given a certain quota as to the amount of the paddy seeds to be supplied.

[6] The Plaintiff contends that after the appointment by the Defendant and based on a representation made by the Defendant that because of the f