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HIGH COURT, SANDAKAN
DESA MAS ENTERPRISE – Appellant
Versus
CHANTIKA PLANTATION SDN BHD. – Respondent
[Civil Suit No. T. 22 - 19 Of 1998]
MALAYSIA
IN THE HIGH COURT IN SABAH AND SARAWAK AT TAWAU
CIVIL SUIT NO. T. 22 - 19 OF 1998
BETWEEN
| DESA MAS ENTERPRISE | PLAINTIFF |
AND
| CHANTIKA PLANTATION SDN. BHD. | DEFENDANT |
BEFORE THE HONOURABLE MR. JUSTICE DATUK RICHARD MALANJUM
IN CHAMBERS
GROUNDS OF DECISION
A. Preliminary:
On the 27.1.1999 I allowed the Plaintiff to enter final judgment against the Defendant after hearing its application to strike out the Defence of the Defendant under Order 18 Rule 19 of the Rules of the High COURT 1980. And I indicated that I would give the Grounds of Decisions in the event of an appeal. I was not informed immediately or soon thereafter that there was a Notice of Appeal filed on the 26th February 1999. Neither was there any application received from the learned counsel for the Defendant for the Notes of Proceeding and the Grounds of Decision. It was only when a notice dated 20.4.1999 was received by my Secretary from the Registry of the COURT of Appeal on 30.4.1999 that I came to know that indeed an appeal had been lodged. Thus explained for the delay in the issuance of this Grounds of Decision. The learned counsel for the Defendant only wrote in for the Notes of Proceeding and the Grounds on 12.5.1999.
Anyway, as stated earlier these are the grounds of my allowing the application of the Plaintiff.
B. The Claim and the Defence:
The Plaintiff averred that the Defendant was its customer at all material times. And thus the Plaintiff's claim is for the sum of RM279,292.54 being the balance of the total costs of RM 689,561.26 for work done and services rendered. The Plaintiff alleged that the work had been done and that the full particulars had been rendered to the Defendant. There is also a claim for the statutory interest of 8% per annum from the date of judgment to the date of payment and costs.
In defence the Defendant states as follows (verbatim):
"1. The Defendant denied that it is owing the Plaintiff for the sum of RM279,292.54 or at all as claimed in the Statement of Claim dated 27th May, 1998.
2. Paragraph 1 of the Statement of Claim is not denied.
3. Paragraph 2 of the Statement of Claim is not admitted.
4. Paragraph 3 of the Statement of Claim is denied and would require strict proof by the Plaintiff.
5. The Defendant further say that the Defendant had never engaged or agreed to engage the Plaintiff for the word and/or services that the Plaintiff had purportedly carried out for the Defendant that led to the claim herein.
6. Further or in the alternative, any work and/or services that had been carried out by the Plaintiff allegedly for the Defendant which are denied, were not at the request of the Defendant at the material time.
7. In the premises the Plaintiff is not entitled to the sum claim or any sum thereof."
By paragraph 3 of the Defence the Defendant in fact denies that it was ever the customer of the Plaintiff.
C. The Application:
By way of Summons in Chambers dated 1.9.1998 (Enclosure 14) supported by an affidavit of Mr. Sum Wai Kok ("Mr. Sum") affirmed on 15th September 1998 the Plaintiff applied for the following Orders, to wit:
"(1) that the Defendant's Defence dated the 22nd day of July 1998 be struck out on the grounds that:-
(a) it is scandalous, frivolous or vexatious; and/or
(b) it is an abuse of the process of the COURT.
Pursuant to Order 18 rule 19 of the Rules of the High COURT, 1980 and under the inherent jurisdiction of the COURT; and
(2) that the Plaintiff is at liberty to enter Judgment against the Defendant; and
(3) that the Defendant bear the costs of this application."
The Defendant opposed the application and thus filed an Affidavit in Opposition affirmed by Mr. Chan Boon Hooi on 26.9.1998 (Enclosure 16).
Besides the aforementioned affidavits there were several subsequent affidavits filed by the respective parties prior to the hearing of the application. They were as follows:
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