YIN RENOVATION SDN BHD BELLABAY SDN BHD

YIN RENOVATION SDN BHD BELLABAY SDN BHD

The court found on balance that the defendant delayed delivery without sufficient proof of excusing events and supplied carpets with palpable defects that could not be remedied in the time and manner offered; the plaintiff had not confirmed phase 4 and had validly terminated after notices; accordingly termination was lawful and plaintiff entitled to refund of deposit for phase 4 and replacement costs for defective phase 3 carpets totalling RM80,910.68 plus 5% p.a. interest from date of filing and costs; the defendant's counterclaim failed.

Citation
B52NCC-61-03-2018 (Mahkamah Sesyen)
Parties
Plaintiff (original): YIN RENOVATION SDN BHD; Defendant (original) / Appellant / Counterclaim Plaintiff: BELLABAY SDN BHD; First Defendant in Counterclaim: YIN RENOVATION SDN BHD; Second Defendant in Counterclaim / Guarantor: YIN HAN KONG
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 February 2021
Case Number
B52NCC-61-03-2018 (Mahkamah Sesyen)
Procedural Posture
Civil Contract Dispute (supply and Installation of Goods) / Judgment at Trial (session Court); Appeal Filed to High Court
Outcome
Plaintiff's claim allowed in part; defendant's counterclaim dismissed with costs
Legal Topics
Breach of Contract, Repudiatory Breach and Termination, Acceptance and Rejection of Goods, Time Is of the Essence, Refund of Deposit, Replacement Costs and Damages, Interest, Costs
Source Language
Malay/English
Contract Law Sale of Goods Civil Procedure Evidence Breach of Contract Repudiatory Breach and Termination Acceptance and Rejection of Goods Time Is of the Essence +4 more

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Parties

YIN RENOVATION SDN BHD

Plaintiff (original)

BELLABAY SDN BHD

Defendant (original) / Appellant / Counterclaim Plaintiff

YIN RENOVATION SDN BHD

First Defendant in Counterclaim

YIN HAN KONG

Second Defendant in Counterclaim / Guarantor

Procedural Posture

Civil Contract Dispute (supply and Installation of Goods) / Judgment at Trial (session Court); Appeal Filed to High Court

Legal Issues

  1. 1 Whether defendant delayed delivery of carpets for phase 3 and whether excuse (customs) was proven
  2. 2 Whether carpets supplied were defective and whether plaintiff entitled to reject
  3. 3 Whether plaintiff had confirmed order for phase 4 and whether defendant was entitled to deliver

Ratio Decidendi

The court found on balance that the defendant delayed delivery without sufficient proof of excusing events and supplied carpets with palpable defects that could not be remedied in the time and manner offered; the plaintiff had not confirmed phase 4 and had validly terminated after notices; accordingly termination was lawful and plaintiff entitled to refund of deposit for phase 4 and replacement costs for defective phase 3 carpets totalling RM80,910.68 plus 5% p.a. interest from date of filing and costs; the defendant's counterclaim failed.

Court Disposition

Plaintiff's claim allowed in part; defendant's counterclaim dismissed with costs

Orders

  • Judgment for plaintiff for RM80,910.68
  • Interest on RM80,910.68 at 5% per annum from date of filing of summons until full settlement