Ramly Ali J:

This is an application by the appellant/plaintiff (videencl. 10) to amend an earlier court decision dated 14 May 2002 to include a new item ie, "interest on the amount RM40,796.25 at the rate of 2% per month from 14 October 1998 up to 14 May 2002."

The full prayers in the said application are as follows:

1. that the court revise or allow hearing (if necessary) on the issue of interest;

2. that the appellant be allowed to amend the order given on 14.5.2002;

3. that amendment be included as follows:

(a) faedah ke atas jumlah RM40,796.25 pada kadar 2% sebulan daripada 14.10.1998 sehingga 14.5.2002;

4. that costs of the application be in the cause.

Factual Background

The appellant/plaintiff, at all material times, was a supplier of plastic resin. The appellant/plaintiff supplied the products to one Meister Plastic Industries (M) Sdn. Bhd. on credit terms, up to the maximum value of RM100,000 videa credit sale letter dated 4 May 1998, which was signed by the 1st respondent who was a director of Meister Plastic Industries, for and on behalf of the said company. Among the terms of the said sale letter is that Meister Plastic Industries was given a credit facility up to an amount of RM100,000 upon a credit term of 60 days whereupon all outstanding amounts were subject to interest at the rate of 2% per month.

The said credit facility was guaranteed by a letter of guarantee duly executed by the three respondents/defendants, as guarantors who had agreed to jointly and severally to guarantee the debt for a maximum sum of RM120,000. The said products were supplied and delivered to Meister Plastic Industries as listed in the relevant invoices which have been acknowledged receipt. Meister Plastic Industries failed to make payment as agreed. Therefore the appellant/plaintiff filed an action against all the three respondents/dependants in the Sessions Court, Kuala Lumpur claiming for a sum of RM43,383.23 (ie, RM40,796.25 as principal amount and the balance as interest at the rate of 2% per month).

At the Sessions Court Kuala Lumpur, the appellant/plaintiff applied for an order under O. 26A, of the Subordinate Courts Rules 1980, for a summary judgment. The learned Sessions Court judge found that there were triable issues and accordingly dismissed the appellant/plaintiff's application on 7 December 2000.

The appellant/plaintiff then filed an appeal to the High Court. At the appeal stage, both parties made their respective oral submissions on 14 May 2002 before the judge in chambers. At the end of the proceeding the court (on the same day) allowed the appeal with cost, but only for the sum of RM40,796.25 with interest from the date of the order (14 May 2002) at 8% until full settlement. A draft order was prepared by the appellant's counsel and sent to the respondent's counsel for approval. It was approved by the respondent's counsel and sent back to the appellant's counsel on 4 June 2002.

From the notes of proceedings, at the appeal stage before the judge-in-chambers, it appears that the appellant's counsel had informed the judge that there was no triable issues in the appellant's claim against the respondents as the respondents have not disputed the principal amount claimed; and that the respondents were only disputing the interest charged.

The appellant's counsel also told the court that the plaintiff (appellant) was willing to waive the entire interest claimed, and seek judgment for the principal sum. At one stage of the proceeding, the judge had recorded that the counsel for the respondents need not submit on the issue of interest because the plaintiff (appellant) had agreed to waive it.

On 20 June 2002 the applicant/plaintiff filed the present application.

Submissions By Appellant's Counsel

The appellant's counsel submitted that the 2% per month interest has been agreed by the parties in the sale letter dated 4 May 1998, and therefore the appellant is entitled to the amount charged. The appellant's counsel further submi