HIGH COURT MALAYA SHAH ALAM
POS LOGISTICS BHD – Appellant
Versus
KUMPULAN PERUBATAN SMARTHEALTH SDN BHD – Respondent
| Table of Content |
|---|
| 1. enforceability of running account discussed. (Para 1 , 3 , 4) |
| 2. evidence requirements for proving total outstanding balance. (Para 5) |
A. Introduction
[1] This appeal raises a novel question of whether a "running account" can be enforced under the Contracts Act 1950 ( CA ).
B. Background
[2] I will refer to parties as they are in the Sessions Court (SC).
[3] The plaintiff company (plaintiff) had provided medical outpatient services (Services) to the employees of the defendant company (defendant) from 1 February 2013 until 31 November 2015 [Period (Services)].
[4] The plaintiff filed this suit in SC to recover, among others, a sum of RM865,318.31 which is allegedly owed by the defendant to the plaintiff regarding the Services (This Action).
[5] To support This Action, the plaintiff has called one witness, Mr Dakshin Rajkumar, the plaintiff's General Manager (SP1). SP1 has testified, among others, as follows:
(1) the plaintiff had provided the Services to the defendant for which monthly invoices had been issued by the plaintiff to the defendant (Invoices);
(2) the Invoices stated that, among others:
(a) payment of the sums stated in the Invoices (Invoiced
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