Vincent Ng J:

[1] The defendant's claim is for the balance purchase price on goods delivered to New MK Marble and Granite Sdn Bhd ('New MK Marble'), the order of, and payment for which was expressly agreed to be made by the plaintiff. To be noted is that PEDC is formerly known as Peremba Construction.

[2] There were only three issues raised by the plaintiff, namely: (a) quality; and (b) shortfall of the goods supplied to and received by New MK Marble; (c) allegation of fraud against the defendant since the recipient of the goods was one Charles Lee Chye Hin ('Charles') who was the husband of the defendant's directors/shareholders named Madam Shu Yoke Mui.

Re (a) Quality And (b) Shortfall

[3] Considering that the plaintiffs had not at any time raised any complaint to the defendant concerning the quality or shortfall of the goods concerned they should not now be heard to raise this issue. It is this court's observation that the letter of complaint dated 9 March 2006 adduced by the plaintiff as exh. 'A-5' was in fact a letter from New MK. Marble & Granite Sdn Bhd which was addressed to Peremba Trading Sdn Bhd. This 9 March 2006 letter was indeed acknowledged and initialled as