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Judgment:

2 Coram: GOH JOON SENG J

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8 The claim came up for assessment before the assistant

registrar who awarded the Plaintiff US$110,000 for loss of

profits that the Plaintiff would otherwise have made on its

string contracts for the purchase from the Defendant and the sale

of the same goods being 10,000 metric tons plus-minus 10% of

Deformed Steel Round Bars to Success Honour Development Ltd <

`Success Honour' > . The 10,000 metric tons were to comprise

2,000 metric tons each of 12, 16, 18, 20 and 22 mm diameter. The

assistant registrar in addition also ordered that the Plaintiff's

claim for damages in respect of the potential action by Success

Honour be reserved for assessment if and when the Plaintiff meets

Success Honour's claim.

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10 (i) There was no admissible evidence of a contract between the

Plaintiff and Success Honour. The Plaintiff's contract with

Success Honour called for 10% deposit. The Defendant contended

there was no admissible evidence that the 10% deposit had been

paid without which no contractual obligation arose. That the

evidence of Plaintiff's chief officer, Finance Department, Chen

Jin Ming < `Chen' > that Success Honour had US$800,000 with

the Plaintiff and that the Plaintiff had deducted US$306,000 from

that US$800,000 for the 10% deposit was inadmissible without the

accounts being produced. The Defendant relied on s.67 of the

Evidence Act and Popular Industries Ltd v Eastern Garment

Manufacturing Sdn Bhd (1989) 3 MLJ 360. I reject this argument

because unlike the Popular Industries case Chen's knowledge of

the US$800,000 and the appropriation of $306,000 thereof for the

10% deposit was not derived from the accounts alone. He had

personal knowledge;

11 (ii) Res Judicata.

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20 Dated this 8th day of May 1995.

21 GOH JOON SENG JUDGE

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