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COURT OF APPEAL PUTRAJAYA
HASRAT USAHA SDN BHD – Appellant
Versus
PATI SDN BHD – Respondent
| Table of Content |
|---|
| 1. facts of the case and background. (Para 1 , 2) |
| 2. order 27 r 3 related to judgments on admissions. (Para 3 , 4) |
| 3. defendant's claim of inquiry, not admission. (Para 5 , 6) |
| 4. summary procedure for judgments based on admissions. (Para 7 , 8 , 9) |
| 5. defendant's obligation to pay admitted balance. (Para 10) |
| 6. claims and counterclaims of plaintiff and defendant. (Para 19 , 20) |
| 7. assessment of whether admission is unequivocal. (Para 34 , 35 , 36) |
| 8. confusion in claims necessitating trial. (Para 38 , 39) |
[1] This appeal is brought by the defendant against the decision of the High Court Judge, Kuala Lumpur, who, on 28 October 2008 dismissed its appeal to set aside the decision of the Senior Assistant Registrar allowing the plaintiff's application under O 27 r 3 of the Rules of the High 1980 (RHC 1980) to enter a judgment on an admission of fact by the defendant for the amount of RM1,310,806.02 and interest @ 8% per annum from the date of the summons until full settlement.
[2] The facts of the case as stated in the trial judge's grounds of judgment are these:
The defendant appointed the plaintiff as its sub-contractor (see Letter of Offer dated 18 October 2000
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