JUDGMENT

(Enclosure 8)

Muhammad Noor Firdaus Rosli M:

()

[1] Enclosure 8 is the plaintiff's application for a summary judgment.

Facts Of The Case

[2] Lee Chin Hock, the defendant ("the defendant") and Masem Resources Sdn Bhd the plaintiff ("the plaintiff"), via two agreements entered into on 3 December 2019, had agreed that the defendant appointed the plaintiff to supply materials and carry out works in relation to two projects: one at Salak Interchange (Southbound) ("1st Project") and the other at Duke Phase 3 s 4 - Setiawangsa to Melati ("2nd Project").

[3] These works emanated from the fact that the defendant was appointed as a contractor by DBM Engineering Sdn Bhd ("DBM") pursuant to an agreement ("Main Contract") for the two aforesaid projects.

[4] The plaintiff averred that it had fulfilled all of its contractual duties and issued three bills of quantities dated 27 December 2019, 30 December 2019 and 24 January 2020 to the defendant, demanding payment of RM47,589.52.

[5] On 15 June 2020, the defendant paid RM5000, leaving a balance of RM42,859.52.

[6] The plaintiff had sent continuous demands to the defendant seeking the payment for the balance sum.

[7] The plaintiff averred that corres