ALASAN PENGHAKIMAN

OLEH YANG ARIF HAKIM TUAN STEVE L K SHIM

(LAMPIRAN 1)

The factual background to this counter-claim lodged by the 1st defendant against the plaintiff can be briefly stated. The plaintiff had filed a writ of summons dated 25.9.1996 against the 1st and 2nd defendants for the sum of USD205000/- concerning the sale and delivery of 2 units of factory machines known as CNC [2] Lathes Model (V-Turn 36/85 S/N: D1-1312, 1315) (hereafter referred to as "the machines"). Whilst the 1st defendant entered an appearance to the writ, the 2nd defendant did not, as a result of which judgement for non-appearance was entered against the latter on the application of the plaintiff. Thereafter on 20.12.1996, the plaintiff took out an Order 14 application for summary judgement against the 1st defendant for the sum of USD205000/- with interest and costs. The learned Senior Assistant Registrar who heard the application allowed it in terms thereof. What was hitherto left for determination was the counter-claim of the 1st defendant against the plaintiff for damages allegedly suffered as a result of the late delivery of the machines by the plaintiff to the 1st defendant. This counter-claim is