RK Nathan J:

Fact

[1] This is an appeal against the decision of the learned Deputy Registrar allowing the plaintiff to enter summary judgment for the sum of RM1,014,132.15 and interest at 1.5% per month on the overdue invoices.

[2] The short facts are as alleged in the defendant's defence and written submission. The defendant purchases concrete from the plaintiff and in return the defendant supplies the plaintiff labour and sand. Each party was supposed to debit each other's account pertaining to these supplies and make payments for the rest.

[3] In para 6 of the plaintiff's affidavit in support of the application for summary judgment, the plaintiff stated that since 31 May 1997, the defendant was indebted to the plaintiff in the sum of RM1,456,753.57 and that the plaintiff's solicitors had sent a letter of demand dated 16 June 1997 demanding for the said sum. The letter of demand was exhibited to the affidavit as "YKC-2". The defendant's solicitors' reply dated 27 June 1997 to the plaintiff's solicitors' letter of demand forms the basis upon which the plaintiff is now seeking to enter summary judgment. It is noted that even though the basis of the application rests on the admi