Abdul Malik Ishak J:

This was the respondent's application for summary judgment under O. 26A of the Subordinate Courts Rules 1980 ('SCR')against the appellant for the refund of a sum of RM126,000 being the sum paid by respondent to the Immigration Department on behalf and at the request of the appellant. The affidavit of the respondent that was affirmed on 13 March 1997 showed that only RM10,000 had been refunded leaving a sum of RM116,000 that was still due and owing. That application for summary judgment was heard by the Sessions Court (no: 2) ('trial court') Johor Bahru and the trial court granted the application in favour of the respondent. Being aggrieved, the appellant now appeals.

Within a short compass the facts may be stated thus. The appellant was desirous of recruiting 100 (one hundred) Bangladesh semi-skilled workers as production operators for their factory in Jalan Dato' Abdullah Tahir, Johor Bahru and for this purpose the appellant wrote a letter to an agent in Dhaka and that letter which was undated was worded thus:

SEDIPERAK SDN. BHD.

KILANG JOHOR BAHRU

14A, JALAN DATO ABDULLAH TAHIR,

80300 JOHOR BAHRU, MALAYSIA

TEL: 337746, 325727

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