Tengku Maimun JC

[1]On 24 January 2007 when this matter came up for trial, both learned counsel for the plaintiff and the defendant agreed that witnesses be dispensed with and parties proceeded by filing written submission on the issue of liability based on the documents in Part A and B of the common bundle of documents (‘CBD’) which existence and contents have been agreed upon.

[2]The plaintiff's claim against the defendant is for the sum of RM314,805.50 being the monies due for the supply and delivery of light fittings and fixtures for a project known as Avillion Resort in Port Dickson (‘the project’). The defendant is the developer for the project and it had appointed Seloga Jaya Sdn Bhd as the main contractor for the project. Lumino Design Sdn Bhd is the main contractor for the supply, delivery and installation of light fittings and fixtures. On 22 January 1996 the defendant wrote to A& A Rekarancang Sdn Bhd, the