COURT OF APPEAL PUTRAJAYA
KAWAN LAMA BUILDERS SDN BHD & ANOR – Appellant
Versus
SYARIKAT LUMUT QUARRY SDN BHD – Respondent
Introduction
[1] This is an appeal from the decision of the Judicial Commissioner (JC) given on 3 January 2019 by which the learned JC allowed the respondent's (plaintiff) claim against the appellants (defendants).
[2] This appeal requires the court to examine and interpret the provision of O 27 r 3 Rules of 2012 ( ROC 2012) more particularly. The issue to be determined in this appeal is whether an admission made by the appellant to a third party can secure a final judgment for the plaintiff's claim.
[3] The application before the High court was made pursuant to O 27 r 3 of ROC 2012. The plaintiff sought the entry of a judgment against the defendant for an outstanding sum of RM1,002,537.38 for the goods sold and delivered by the plaintiff.
[4] We heard the appeal on 6 August 2019 and at the conclusion of the submissions, we unanimously dismissed the appeal. Being dissatisfied with our decision, the plaintiff appealed against our decision.
Background Facts
[5] The facts are set out in detail in the judgment of the learned JC. There is no need for us to repeat them except as necessary for the purpose of discussion.
[6] On 29 December 2017, the plaintiff fil
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