Hashim Hamzah J:

JUDGMENT

INTRODUCTION

[1]For ease of reference, the parties in the present appeal shall be referred as they were in the Sessions Court.

[2]This is an appeal by the Defendant against the decision of the learned Sessions Court Judge (“SCJ”) in allowing the Plaintiff’s claim for breach of contract.

BRIEF FACTS

[3]Briefly, the facts are as follows.

[4]The Plaintiff sold ten motor vehicles which were all registered and delivered to the Defendant. The total purchase price was RM 1,564,788.00.

[5]The Plaintiff claimed that all ten motor vehicles were registered and delivered to the Defendant upon the Defendant’s assurance and undertaking that the outstanding amount will be paid upon obtaining a loan from a bank.

[6]It was the Plaintiff’s case that the Defendant, from 28.6.2010 until 19.8.2013 only paid RM 1,150,000.00 to the Plaintiff. There was an outstanding balance of RM 414,788.00 which was still due to the Plaintiff.

[7]The Defendant, on the other hand, contended that full payment of the purchase price had already been paid to the Plaintiff prior to the registration and delivery of the ten motor vehicles. Thus, the Defendant contended that there was no debt owed to the Plainti