RINTIS MALAY MOTORS SDN. BHD. (Company No: 120864-P) AGASTA CO. LTD. (Company Registration No. In Japan: 0110-01-072500)

RINTIS MALAY MOTORS SDN. BHD. (Company No: 120864-P) AGASTA CO. LTD. (Company Registration No. In Japan: 0110-01-072500)

Rintis failed to discharge the burden to prove coercion/duress; the Reconditioned Vehicles were delivered and unpaid so Rintis breached the contracts; NEXI validly acquired enforceable rights by subrogation/assignment under Japanese law and by a written assignment with notice satisfying s4(3) Civil Law Act 1956, therefore NEXI and Agasta have locus standi and are entitled to the claimed sums with interest and costs; Rintis' counterclaim and Suit 412 dismissed.

Citation
WA-22NCC-412-09/2018 (Mahkamah Tinggi)
Parties
Plaintiff (suit 132); Defendant (suit 412): Agasta Co. Ltd.; Plaintiff (suit 132): Nippon Export and Investment Insurance (NEXI); Defendant (suit 132); Plaintiff (suit 412): Rintis Malay Motors Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2021
Case Number
WA-22NCC-412-09/2018 (Mahkamah Tinggi)
Procedural Posture
Commercial Division Civil Suits (contract and Insurance) / Judgment After Full Trial (consolidated Hearing of Two Suits)
Outcome
Judgment for Plaintiffs Agasta Co. Ltd. and Nippon Export and Investment Insurance; Defendant Rintis Malay Motors liable for sums awarded; Defendant's counterclaim dismissed; Suit 412 dismissed.
Legal Topics
Subrogation, Assignment of Chose in Action, Duress and Coercion, Locus Standi of Insurer, Choice of Law
Source Language
Malay/English
Contract Law Insurance Law Civil Procedure Conflict of Laws (choice of Law) Subrogation Assignment of Chose in Action Duress and Coercion Locus Standi of Insurer +1 more

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Parties

Agasta Co. Ltd.

Plaintiff (suit 132); Defendant (suit 412)

Nippon Export and Investment Insurance (NEXI)

Plaintiff (suit 132)

Rintis Malay Motors Sdn. Bhd.

Defendant (suit 132); Plaintiff (suit 412)

Procedural Posture

Commercial Division Civil Suits (contract and Insurance) / Judgment After Full Trial (consolidated Hearing of Two Suits)

Legal Issues

  1. 1 Whether the Sales Contracts and rescheduling Agreement were entered under coercion/duress and voidable
  2. 2 Whether Rintis breached the Sales Contracts and Agreement by failing to pay for delivered goods
  3. 3 Whether NEXI, a non-party to the Agreement, has locus standi to sue in its own name

Ratio Decidendi

Rintis failed to discharge the burden to prove coercion/duress; the Reconditioned Vehicles were delivered and unpaid so Rintis breached the contracts; NEXI validly acquired enforceable rights by subrogation/assignment under Japanese law and by a written assignment with notice satisfying s4(3) Civil Law Act 1956, therefore NEXI and Agasta have locus standi and are entitled to the claimed sums with interest and costs; Rintis' counterclaim and Suit 412 dismissed.

Court Disposition

Judgment for Plaintiffs Agasta Co. Ltd. and Nippon Export and Investment Insurance; Defendant Rintis Malay Motors liable for sums awarded; Defendant's counterclaim dismissed; Suit 412 dismissed.

Orders

  • Defendant Rintis Malay Motors Sdn Bhd to pay Agasta Co. Ltd JPY 9,974,688 or its equivalent in Ringgit Malaysia with interest at 5% per annum from date of Writ until full settlement
  • Defendant Rintis Malay Motors Sdn Bhd to pay Nippon Export and Investment Insurance JPY 189,519,072 or its equivalent in Ringgit Malaysia with interest at 5% per annum from date of Writ until full settlement