JUDGMENT

Wan Muhammad Amin Wan Yahya J:

(Enclosure 8)

[1] This was the Plaintiff's application under O 14 of the Rules of 2012 ("ROC") for summary judgment against the Defendant for RM4,560,183.26, together with interest and costs ("this Application").

[2] Having read out the broad grounds when delivering my decision on this Application, this written Judgment shall now serve as the complete and definitive version of my reasons.

A] Salient Background Facts

[3] The facts of this matter are largely not in dispute and they are as follows:

[4] On 18 October 2016, the Plaintiff and Kosi Engineering Sdn Bhd ("Kosi Engineering") entered into a Domestic Recourse Factoring Agreement under which Kosi Engineering absolutely assigned its book debts consisting of certified progress claims (Interim Certificates of Payment or "ICPs") issued by the Defendant, to the Plaintiff ("Factoring Agreement").

[5] Also, on 18 October 2016, Kosi Engineering issued a Notice of Assignment to the Defendant ("Notice of Assignment"), referring to the Factoring Agreement and incorporating its key terms by clause on each of its certified progress claims The Defendant acknowledged and accepted the said Notice.

[6] On 28 September 2016, the Plaintiff issued a Letter of Offer to Kosi Engineering ("Letter of Offer") which prescribed the form and content of each ICP legend.

[7] Kosi Engineering issued ICPs numbered 3-31. ICPs 3-15 and 17 were fully paid by the Defendant. ICPs 18 to 31, which remain unpaid, form the subject of the Plaintiff's claim for RM4,560,183.26 as at 31 October 2019. ICP 16 was never assigned to the Plaintiff.

[8] From December 2016, each of the Plaintiff's monthly Statement of Account ("Statements") sent to the Defendant bore the following legend/clause:

"The indebtedness shown on this statement has been assigned by your supplier to AmBank (M) Berhad. Only we can give a valid discharge for the indebtedness. Any claims or queries must be referred to AmBank (M) Berhad quoting your account number".

"All items and balances shown in this statement will be considered correct unless the Bank is notified in writing of any discrepancy within 10 days from the date of this statement. All enquiries concerning exceptions and errors should be addressed to:"

[Own Emphasis Added]

[9] The Defendant did not lodge any written objection within that 10- day period.

[10] The Plaintiff exhibited in its Affidavit in Support the monthly Statements covering ICPs 3-15 and 17, as well as ICPs 18-31. The Defendant, however, denied receiving all such Statements except for four dated 15 April 2019, two dated 26 April 2019, and one dated 23 May 2019. I find it implausible that the Defendant did not receive the other Statements, considering both the regular dispatch of these Statements and the Defendant's possession of the Letter of Offer, which would reasonably have informed it of the total financing advanced to Kosi Engineering and the assigned book debts.

[11] In its Defence and correspondence, the Defendant admitted only RM656,145.00 (by reference to a separate Sessions Court judgment) and alleged the remainder to be tainted by irregularities: absence of JKR certification, lack of Authorised Officer's signature, lack of "chop" on invoices, non-compliance with the Letter of Offer requirements and even criminal forgery.

B] Plaintiff's Submissions

[12] Learned counsel for the Plaintiff, Mr Kingston Tan, advanced the following submissions, which may be summarised as follows:

i) The Plaintiff's cause of action against the Defendant is premised on an absolute assignment of book debts which is separate and distinct from its contractual claim against the assignor (AMDB Factoring Sdn Bhd v. Iszajaya Sdn Bhd & Ors; [1997] 5 MLJ 402; Showa Factoring (M) Sdn Bhd v. Fokus Integrated Sdn Bhd).

ii) The Defendant's part payments of ICPs 3-15 and 17 operate as clear admissions of liability and of the balances stated (MBF Factors Sdn Bhd v. Keh Hua t/a Jag Trading; [2004] 1 CLJ 409; [2004] 4 AMR 22).

iii) Th