JUDGMENT

Rhodzariah Bujang JC:

[1] This appeal was brought by the 1st appellant (hirer) and his two guarantors (the 2nd and 3rd appellants) against the decision of the learned magistrate in refusing to dismiss the respondent's (owner) claim against them. Their ground for applying to strike out the respondent's action was that the consumer claims Tribunal had adjudicated the claim made by the respondent and delivered an award which bound the parties.

The Respondent's Action

[2] In the magistrate's court, the respondent sued the appellants for the sum of RM23,397.86 being the amount outstanding under a hire purchase agreement dated 12 April 2006 executed by the 1st appellant and to which the other two appellants stood as guarantors. The subject matter of the agreement was a second-hand Toyota Lite vehicle.

[3] In their defence the appellants contended, inter alia , that the claim of the respondent was settled by the consumers claims tribunal and an award was pronounced by the Tribunal to the effect that one Chung Soon Chiang who has agreed to buy the vehicle from the 1st appellant was to pay the sum outstanding to the respondent (for RM28,000) by monthly instalments. Prior to the pronounc