GOODWOOD HOTEL SDN BHD 1. QTC TRANSFORMERS MARKETING SDN BHD 2. ECOTRAFO MALAYSIA SDN BHD

GOODWOOD HOTEL SDN BHD 1. QTC TRANSFORMERS MARKETING SDN BHD 2. ECOTRAFO MALAYSIA SDN BHD

The installer (first respondent) was liable for the transformer breakdowns because the contractual installation obligation included a complete earthing system which was not properly installed; respondents' conduct and offers of repair/warranty evidenced liability; cross-appeal notice irregularity was curable; remedy awarded: appellant entitled to RM218,890 with 5% p.a. interest, RM50,000 general damages, storage costs at RM400/month (subject to contributory negligence discount), and respondents awarded RM50,000 for use of replacement transformers.

Citation
JA12B-NCVC-28-09/2018 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: GOODWOOD HOTEL SDN. BHD.; Respondent / Defendant: QTC TRANSFORMERS MARKETING SDN. BHD.; Respondent / Defendant: ECOTRAFO MALAYSIA SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2019
Case Number
JA12B-NCVC-28-09/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Hearing Appeal and Cross Appeal From Sessions Court Decision
Outcome
Appeal allowed in part; cross-appeal allowed in part
Legal Topics
Breach of Contract, Negligence, Damages, Storage Costs, Cross Appeal Irregularity, Expert Evidence, Interest on Judgments
Source Language
Malay/English
Contract Tort (negligence) Evidence Civil Procedure Breach of Contract Negligence Damages Storage Costs +3 more

Case Brief

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Parties

GOODWOOD HOTEL SDN. BHD.

Appellant / Plaintiff

QTC TRANSFORMERS MARKETING SDN. BHD.

Respondent / Defendant

ECOTRAFO MALAYSIA SDN. BHD.

Respondent / Defendant

Procedural Posture

Civil Appeal / High Court Hearing Appeal and Cross Appeal From Sessions Court Decision

Legal Issues

  1. 1 Whether breakdown of transformers was caused by appellant or respondents (installation defect)
  2. 2 Whether cross-appeal notice was defective and should be struck out
  3. 3 Quantum of damages to award

Ratio Decidendi

The installer (first respondent) was liable for the transformer breakdowns because the contractual installation obligation included a complete earthing system which was not properly installed; respondents' conduct and offers of repair/warranty evidenced liability; cross-appeal notice irregularity was curable; remedy awarded: appellant entitled to RM218,890 with 5% p.a. interest, RM50,000 general damages, storage costs at RM400/month (subject to contributory negligence discount), and respondents awarded RM50,000 for use of replacement transformers.

Court Disposition

Appeal allowed in part; cross-appeal allowed in part

Orders

  • Appellant awarded RM218890.00 with interest at 5% per annum until final settlement from date of decision (2 July 2019)
  • Appellant awarded general damages of RM50000.00 for electrical disturbance