JUDGMENT

Mariana Yahya JC:

[1] The plaintiff's claim against the defendants is for the amount of RM347,076.48 being goods sold and delivered by the plaintiff to the defendants at the defendants' request.

[2] The case had been set down for trial with all the necessary bundles of documents filed by the parties. However, on 13 May 2004, before, Dato' Suriyadi bin Halim Omar J, with the consent of the parties, judgment for the said amount of RM347,076.04 claimed by the plaintiff was recorded. Liability having been agreed by the parties, the only issue left to be determined by the court is the issue of interest. The parties had agreed that the issue on interest be raised as a preliminary issue under O. 33 r. 2 of the Rules of the High 1980 and written submissions were directed to be filed by the learned counsel for both parties.

[3] The question of law for the determination by the court is whether the business transaction between the plaintiff and the 1st defendant pursuant to the credit application contract dated 25 April 1997 and the guarantee and indemnity executed between the plaintiff and the 2nd, 3rd and 4th defendants dated 16 May 1997 contravenes the provisions of ss. 4 , 5 , 6 ,