Abdul Malik Ishak J:

Facts Of The Case

[1] The defendant through the Ministry of Youth and Sports organised a programme known as the "Program Pembangunan Rakan Rekreasi dan Rakan Cinta Alam" (hereinafter referred to as the "said programme") at Taman Pertanian Malaysia from 29 March 1995 till 1 April 1995. The defendant appointed Taman Pertanian Malaysia by letter dated 24 March 1995 as seen in exh. "P1" to organise the said programme. Throughout the four (4) days' programme, the participants numbering 6,000 people were provided with food and drinks and other tenting equipment. (hereinafter referred to as the "goods"). A company was contracted to supply those goods for the said programme.

The Plaintiff's Case

[2] The plaintiff (Sulisen Sdn Bhd) argued that they were the company which was appointed as the supplier for the said programme and that Encik Zanudin Abdul Aziz ("Zanudin") (DW2) being the Timbalan Pengurus of Unit Taman Pertanian Malaysia, by signing the invoice as per exh. "P2" and the delivery order as per exh. "P3" on the date of the delivery had agreed to pay the plaintiff for the supply of those goods. The plaintiff also argued that they did not have any ties with Darikha Enterprise.

The Defendant's Case

[3] In sharp contrast, the defendant argued that there was not a single document to show that the plaintiff had ever been appointed to supply those goods for the said programme. That being the case, the defendant averred that the defendant did not owe the plaintiff the sum of RM279,150 as alluded to in the statement of claim. That by letter dated 28 March 1995 as per exh. "D13" and also from the minutes of the meeting held on 12 March 1995 at 10am as per exh. "D12", it was clearly shown that Darikha Enterprise was the company contracted to supply those goods. And according to the defendant, all payments have been made to Darikha Enterprise.

Analysis Of The Evidence Adduced

[4] The said programme was a success. All the 6,000 participants were fed and taken care of. The plaintiff said that they should be paid for supplying the goods. But the defendant disputed that and said that the goods were supplied not by the plaintiff but rather by Darikha Enterprise. Two conflicting versions appeared. I must now examine the evidence adduced at the trial.

[5] The plaintiff through their representative by the name of Encik Mohd Nizam bin Ahmad Razali ("Nizam") (PW1) had discussions with Encik Mohd Rosli bin Mansur ("Rosli") (DW1), the Recreational Manager of Taman Pertanian Malaysia, and with Zanudin (DW2), the Deputy Manager of Taman Pertanian Malaysia, pertaining to the supply of the goods for the said programme. The goods were packed at the plaintiff's office and was delivered to Taman Pertanian Malaysia by Encik Abdul Wahab bin Saaidin ("Wahab") (PW3), the lorry driver working with the plaintiff. The lorry driver gave evidence that the delivery was on behalf of the plaintiff. The goods were delivered on 28 March 1995 for the purpose of the said programme and Zanudin (DW2) signed the invoice in exh. "P2" and the delivery order in exh. "P3" and he too acknowledged the delivery of the goods. The invoice in exh. "P2" was worded in this way and it can be seen at p. 5 of the agreed bundle of documents:

SULISEN SDN. BHD

Ruj. Kami : Tarikh:

Ruj. Tuan :

Pengurus,

Taman Pertanian Malaysia,

Bukit Cahaya Seri Alam,

40000 Shah Alam,

Selangor Darul Ehsan.

Invoice

Pembekalan Makanan Dan Peralatan Rekreasi Bagi Program Rakan Muda Rekreasi Dan Rakan Cinta Alam Sempena Pelancaran Pada 28hb March 1995.

1. Pakej Makanan: RM10.00 * 4 hari * 6000 Peserta = RM240,000.00

2. Pakej Kelengkapan Dapur:

a) Tungku zing : RM1.45 * 1500 unit = RM 2,175.00

b) Lilin bahanapi : RM1.55 * 4500 kotak = RM 6,975.00

c) Mess tin : RM10.00 * 3000 kotak = RM 30,000.00

Jumlah Besar RM279,150.00

(Dalam Perkataan: Dua Ratus Tujuh Puluh Sembilan Ribu Satu Ratus Lima Puluh Ringgit Malaysia).

Urusan Pembayaran Hendaklah Dimajukan Kepada Sulisen Sdn. Bhd.

t.t. t.t.