JUDGMENT

I. APPEAL

This is an appeal in enclosure (27) filed by the defendant against the decision of the learned registrar who had on 13 January 2003 allowed the plaintiff's application for O. 14 summary judgment in the sum of USD69,440 (equivalent to RM265,608) and USD97.57 (equivalent to RM373.10) as bank charges and costs against the defendant, as in the plaintiff's statement of claim.

II. FACTUAL BACKGROUND

The plaintiff through its director Tay Song Khiang affirmed two affidavits dated 4 September 2002 and 6 January 2003, in enclosure (10) and (22) respectively, to the effect that the plaintiff has sent to the defendant an order for digital cameras c.i.f. ("the goods") which the defendant had acknowledged. Vide invoice No. 5683, the defendant requested for the payment by the plaintiff of the sum of USD69,400 to the defendant's account No. 026-00-08401-5 in Hong Leong Bank Berhad Melaka Branch for the goods ordered. Pursuant thereto, the plaintiff had vide Exhibit TSK3 credited the said amount to the defendant's said account number.

On 12 April 2002, the defendant had vide letter notified the plaintiff that the defendant would deliver the goods on or before 18 April 2002, but the