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2010 MarsdenLR 2046

HIGH COURT MALAYA KUALA LUMPUR
ASSA ABLOY MALAYSIA SDN BHD – Appellant
Versus
EMIR ENTERPRISE SDN BHD – Respondent


Mary Lim Thiam Suan J:

[1] The Plaintiff closed its case after calling its one and only witness who was cross-examined by the Defendant's counsel. Thereafter, the Defendant submitted that there was no case for it to answer and when put to election, elected not to adduce evidence. The Defendant fully appreciated that in the event its submission is dismissed, it would not be open to the Defendant to adduce any evidence in order to canvass and support its Defence.

Factual Background

[2] These were the facts as gleaned from the testimony of that single witness. The Plaintiff is in the ironmongery business. It supplies "anything that involves doors, door stoppers, locks, cylinders and such". The Plaintiff and the Defendant frequently collaborated with each other on projects. The Defendant would procure government projects for the supply of ironmongery and then subcontract these projects to the Plaintiff who would then manufacture and supply the necessary items to the Defendant. This collaboration started in 2001 and the Plaintiff's principal officers involved in dealing with the Defendant at the material time were Mr. Michael Pam, Managing Director; Mr. Johnny Lim, Sales Director; and Mr.

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