JUDGMENT

Jeffrey Tan J:

This is the plaintiff's appeal to judge-in-chambers against the decision of the learned senior assistant registrar dismissing, on 5 July 2001, the application of the plaintiff, pursuant to O. 14 of the Rules of the High Court 1980, for summary judgment against the defendant.

Basically, the plaintiff claims that one Gan Siong Phew (Gan) t/a Terry Industries, by a factoring agreement dated 29 April 1997 and entered between Gan as assignor and the plaintiff as assignee, had assigned all his book debts to the plaintiff, that Gan, by notice of assignment dated 30 April 1997, notified the defendant of his assignment, and, that the defendant, by reason of such assignment, is therefore indebted to the plaintiff in the sum of RM584,873.88. And basically the defendant contends in his defence, that he was not indebted to Gan, that the invoices towards proof of his so-called debt were all falsified by Gan, and that he had reported the fraud to the police.

Miss Moy Saw Han for the defendant, in her submission, thus sketched the defence. To begin with, Miss Moy concurred with Mr A. S. Chandrasegram for the plaintiff that Gan was the sole proprietor of Terry Industries. Mi