PERNAS TRADING SDN BHD vs PERSATUAN PELADANG BAKTI MELAKA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1979 MarsdenLR 19

FEDERAL COURT JOHOR BAHRU
PERNAS TRADING SDN BHD – Appellant
Versus
PERSATUAN PELADANG BAKTI MELAKA – Respondent

Petitioner Advocates:GS Nijar ,Respondent Advocate: Zulkifli Ismail Mohammed

JUDGMENT

Salleh Abas FJ:

[1] In this case the appellants sued the respondents for a sum of $22,997.76 being the balance of the price of chemicals and fertilisers sold and delivered by the appellants to the respondents. In their defence, the respondents denied liability and went on to claim that it was made known to the appellants at the time of the order that the ultimate buyer was Syahazam Sdn Bhd.; in other words the defendants claimed that in the purchase of these goods they were agents for Syahazam Sdn Bhd.

[2] The appellants took out summons-in-chambers under O 14 applying for leave to sign final judgment against the respondents on the ground that the respondents' defence "is sham, vexatious and is merely to delay normal proceedings". The summons came before the Senior Assistant Registrar who dismissed it, and on appeal against the Registrar's decision, Mr Justice Datuk Syed Othman dismissed the appellants' appeal, and hence the appellants appeal further to the Federal Court.

[3] The appellants' case is founded on the sales invoice dated July 26, 1976, stating that the goods in question were sold to the respondents (Persatuan Peladang Bakti Melaka, 132, Jalan Hang Tuah, Melaka),

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1979 MarsdenLR 19

FEDERAL COURT JOHOR BAHRUPERNAS TRADING SDN BHD – AppellantVersusPERSATUAN PELADANG BAKTI MELAKA – Respondent

FEDERAL COURT JOHOR BAHRU
PERNAS TRADING SDN BHD – Appellant
Versus
PERSATUAN PELADANG BAKTI MELAKA – Respondent