Azmi (MALAYA) CJ:

A judgment was entered into in this case on the basis that this was an account stated. On examination of the pleadings and averments in the affidavits, we find no justification for this conclusion.

One of the essential ingredients of an account stated is an admission by the defendant that he owed the money. It was contended before us that a failure to reply to a note in the bill sent, to the effect that if the amount was disputed, the plaintiff should be notified, amounted to an admission. We do not agree with this.

In the circumstances of this case we do not consider the account in this case as an account stated. The appeal is allowed with costs. The judgment is set aside and the case remitted for hearing.

Case remitted for hearing.