JUDGMENT

John Lee Kien How @ Mohd Johan Lee JC:

A. Introduction

[1] This is the plaintiff's claim ('this Suit') against the defendant for the alleged failure by the latter to fulfil its obligation under the purchase order dated 26 April 2016 ('the PO') and the Passenger Hoist Contract Terms ('the said Contract Terms').

(i) Background

[2] Both parties are companies duly incorporated in Malaysia. The plaintiff is a property developer, contractor, and sub-contractor. According to the defendant, the plaintiff is a 'State-owned company in China'. The plaintiff is the developer for the 'Greenland Danga Bay' project in Johor Bahru, Johor Darul Takzim. On the other hand, the defendant is trading as a 'supplier/ rentor of machineries, machines, machinery parts, and tools and hardware'.

[3] On 26 April 2016, the plaintiff had ordered 2 units of passenger hoists ('the 2 Passenger Hoists') from the defendant vide the PO for the project at Greenland Danga Bay for the price of RM784,400.00. Subsequently, on 30 April 2016 the PO was signed by the defendant. Both parties had also agreed on the terms stated in the said Contract Terms.

[4] Under the said Contract Terms, the plaintiff should make an advance