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2008 MarsdenLR 1015

HIGH COURT SABAH & SARAWAK, KUCHING
AQUA LOGISTICS PTE LTD – Appellant
Versus
SASACOM SDN BHD – Respondent


JUDGMENT

Hamid Sultan Abu Backer JC:

[1] This is my judgment in respect of the plaintiff's claim for goods sold and delivered to the defendant amounting to Singapore dollars S$131,056.44.

Brief Facts

[2] The plaintiff, a Singapore company has supplied goods to the defendant. The plaintiff's claim is premised on four invoices, namely invoice nos. 5273, 5581, 5300 and 5350. The defendant does not dispute invoice no. 5273 for the sum of S$708 and invoice no. 5581 for the sum of S$5,581 and consents to pay the same amounting to the sum of S$6,289 save that they say interests ought not be allowed as the plaintiff has not furnished them with the original invoice and payment will only be made upon receipt of the original invoice.

[3] The plaintiff contends that (i) there is a valid contract of sale for the goods under invoice nos. 5300 and 5350. (ii) the goods under invoice nos. 5300 and 5350 were all goods which the defendant has ordered via numerous exchanges of faxes, verbal communications as the plaintiff and defendant had been doing through previous dealings, by way of amendments of quotations and invoices, re-coding of invoices at the defendant's request, as the orders were verbally aske

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