HIGH COURT MALAYA PULAU PINANG
SHELL MALAYSIA TRADING SDN BHD – Appellant
Versus
FILOTEK TRADING SDN BHD – Respondent
Jeffrey Tan J:
This is the defendant's appeal (encl 13) to judge-in-chambers against the decision of the learned senior assistant registrar dated 18 November 1998, giving summary judgment to the plaintiff against the defendant, in the sum of RM258,076.65 together with interest at the rate of 8% per annum from 18 November 1998 till date of satisfaction. Incidentally, the plaintiff's claim against the defendant is for the sum of RM258,076.65, it being, the balance sum due and owing, allegedly, by the defendant to the plaintiff in respect of petroleum products (products) supplied by the plaintiff to the defendant.
"On the ground that a defendant has no defence to a claim included in a writ or to a particular part of a writ", a plaintiff may apply to court for summary judgment against that defendant (O 14 r 1). On the hearing of such an application, the court may give such judgment for the plaintiff against that defendant, "unless the court dismisses the application or the defendant satisfies the court with respect to the claim or to the part of the claim to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought fo
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