BMW CREDIT (MALAYSIA) SDN BHD 1. ) LEARSIM SDN BHD 2. ) SAYYID SHAH BIN ABDULLAH

BMW CREDIT (MALAYSIA) SDN BHD 1. ) LEARSIM SDN BHD 2. ) SAYYID SHAH BIN ABDULLAH

The High Court held that the defendants breached express obligations in the hire purchase agreement by allowing the vehicle to be sold/transfered and failed to dispute the outstanding amount, therefore they raised no triable issue; consequently summary judgment was appropriate and the appeal was allowed.

Citation
WA-12ANCC-4-01/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: BMW Credits (M) Sdn Bhd; 1st Defendant: Learsim Sdn Bhd; 2nd Defendant: Sayyid Shah bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2022
Case Number
WA-12ANCC-4-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court; Summary Judgment Application / Appeal Allowed; Judgment Entered at High Court (commercial Division)
Outcome
Appeal allowed; summary judgment granted in favour of BMW Credits (plaintiff/appellant) against the 1st and 2nd defendants
Legal Topics
Hire Purchase Agreement, Summary Judgment, Breach of Contract, Quiet Possession, Repossession, Appellate Review
Source Language
Malay/English
Contract Hire Purchase Law Civil Procedure Commercial Law Hire Purchase Agreement Summary Judgment Breach of Contract Quiet Possession +2 more

Case Brief

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Parties

BMW Credits (M) Sdn Bhd

Appellant/plaintiff

Learsim Sdn Bhd

1st Defendant

Sayyid Shah bin Abdullah

2nd Defendant

Procedural Posture

Civil Appeal From Sessions Court; Summary Judgment Application / Appeal Allowed; Judgment Entered at High Court (commercial Division)

Legal Issues

  1. 1 Whether defendants raised a triable issue to defeat summary judgment regarding change of vehicle registration and alleged transfer of ownership
  2. 2 Whether the plaintiff had an obligation to investigate the alleged change of registration and transfer
  3. 3 Whether the defendants breached express obligations in the hire purchase agreement

Ratio Decidendi

The High Court held that the defendants breached express obligations in the hire purchase agreement by allowing the vehicle to be sold/transfered and failed to dispute the outstanding amount, therefore they raised no triable issue; consequently summary judgment was appropriate and the appeal was allowed.

Court Disposition

Appeal allowed; summary judgment granted in favour of BMW Credits (plaintiff/appellant) against the 1st and 2nd defendants

Orders

  • Appeal allowed and decision of the Sessions Court dismissing summary judgment set aside
  • Judgment entered against the 1st and 2nd defendants for the outstanding sum of RM267,940.96 as at 9 September 2020