MASTER JAYA ENVIRONMENTAL SDN BHD PENTAS FLORA SDN BHD

MASTER JAYA ENVIRONMENTAL SDN BHD PENTAS FLORA SDN BHD

The Court of Appeal affirmed the High Court: Scrubber No.8 was not fit for purpose and defendant breached express warranties and contractual obligations (including DOE-related obligations and training), the defendant was negligent and vicariously liable for the explosion caused by its sub-agent, the NABBIR report lacked probative value without its maker, the exclusion clause was ambiguous and ineffective, and the damages awarded by the trial judge were supported and not to be disturbed on appeal.

Citation
W-02(NCVC)(W)-1203-06/2018 (Mahkamah Rayuan)
Parties
Appellant / Defendant Below: Master Jaya Environmental Sdn Bhd; Respondent / Plaintiff Below: Pentas Flora Sdn Bhd
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
31 October 2019
Case Number
W-02(NCVC)(W)-1203-06/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment Affirming High Court Decision
Outcome
Appeal dismissed; High Court judgment affirmed in its entirety
Legal Topics
Breach of Warranty, Fitness for Purpose, Vicarious Liability and Sub Agent Liability, Non Delegable Duty, Exclusion Clauses and Contra Proferentem, Hearsay and Best Evidence Rule, Damages Assessment, Regulatory Compliance With DOE
Source Language
Malay/English
Contract Tort Negligence Evidence Administrative/regulatory Compliance Breach of Warranty Fitness for Purpose Vicarious Liability and Sub Agent Liability +5 more

Case Brief

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Parties

Master Jaya Environmental Sdn Bhd

Appellant / Defendant Below

Pentas Flora Sdn Bhd

Respondent / Plaintiff Below

Procedural Posture

Civil Appeal / Court of Appeal Judgment Affirming High Court Decision

Legal Issues

  1. 1 Whether Scrubber No.8 was fit for its purpose and whether defendant breached contractual warranties/guarantees
  2. 2 Whether defendant was negligent and vicariously liable for explosion caused by sub-contractor
  3. 3 Whether plaintiff was deemed to have accepted goods by testing and commissioning under Sale of Goods Act ss41-42

Ratio Decidendi

The Court of Appeal affirmed the High Court: Scrubber No.8 was not fit for purpose and defendant breached express warranties and contractual obligations (including DOE-related obligations and training), the defendant was negligent and vicariously liable for the explosion caused by its sub-agent, the NABBIR report lacked probative value without its maker, the exclusion clause was ambiguous and ineffective, and the damages awarded by the trial judge were supported and not to be disturbed on appeal.

Court Disposition

Appeal dismissed; High Court judgment affirmed in its entirety

Orders

  • Appeal dismissed with costs of RM30000.00 awarded to Respondent
  • Notice of motion by Appellant dismissed