JUDGMENT

Low Hop Bing J:

Appeal

The matter before me is the appellant-defendant's ("defendant's") appeal against the decision of the learned magistrate who had on 30 March 2001 allowed the respondent-plaintiff's ("plaintiffs") claim in the sum of RM18,444.90 with interest at 8% p.a. from 11 July 1998 ie, the date of the notice of demand and costs of RM2,828 and dismissed the defendant's counterclaim with costs of RM3,075.

Some questions of law appeared to have been raised for decision in this appeal.

Facts Of The Case

The plaintiff is a dealer in motor vehicle spare parts, while the defendant carries on lorry transportation business. They have a business relationship of more than 10 years, based on a running account in which the plaintiff has extended to the defendant credit terms for the spare parts ordered by the defendant either by telephone or through the defendant's employees who would take delivery thereof if the stocks were available, otherwise the plaintiff or the plaintiff's employees would deliver them to the defendant.

For the sales and deliveries, the plaintiff would render to the defendant invoices, and the defendant or the defendant's employees would acknowledge recei