[1] This action had been set down for trial. On the first day of the trial, Counsel for the Defendant informed that he had just filed an application (Enclosure 9) for a determination of two issues pursuant to O 33 r 2 and 5 of the Rules of the High , 1980 (RHC), which determination, it was submitted, would assist in the disposal of the issues in controversy between the parties, without the necessity of a full trial.Counsel for the Plaintiff was not averse to an adjournment of the trial and for Enclosure 9 to be dealt with first.

Background

[2] In the Statement of Claim filed in this action, the Plaintiff claimed that:-

(a) They had supplied electricity to two premises of the Defendant, namely:-

(i) under Account No. 231-0317656-10 for the premises at Plot 55 (A) Mukim 13, Taman Perindustrian Bukit Minyak, Bukit Mertajam; and

(ii) under Account No. 0231-00316814-01 for the premises at Plot 553, Lorong Perusahaan 4, Perai.

(b) On 19 Novembe