ECOTAFRO MALAYSIA SDN BHD GOODWOOD HOTEL SDN BHD

ECOTAFRO MALAYSIA SDN BHD GOODWOOD HOTEL SDN BHD

On the balance of probabilities the damage to the transformers was caused by the plaintiff's failure to install a separate earthing system (causing over-basic impulse/overloading), the transformers were not defective or unmerchantable, the warranty exclusion applied, therefore D2 is not liable to plaintiff; D2's...

Source-derived case information.

Citation
JA-12BNCvC-28-12/2020 (Mahkamah Tinggi)
Parties
Appellant / Second Defendant: ECOTRAFO MALAYSIA SDN. BHD.; Respondent / Plaintiff: GOODWOOD HOTEL SDN BHD; First Defendant: QTC TRANSFORMERS MARKETING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 June 2022
Case Number
JA-12BNCvC-28-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal to High Court From Sessions Court / Judgment on Appeal (grounds of Judgment)
Outcome
D2's appeal allowed; Sessions Judge order set aside in respect of plaintiff's claim against D2; D2's counter-claim dismissed.
Legal Topics
Breach of Warranty, Negligence, Merchantable Quality, Exclusion Clause, Causation, Counter Claim for Expenses, Costs, Storage Charges
Contract Tort Civil Procedure Commercial Law Evidence Breach of Warranty Negligence Merchantable Quality +5 more

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Summary, issues, holding and outcome

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Parties

ECOTRAFO MALAYSIA SDN. BHD.

Appellant / Second Defendant

GOODWOOD HOTEL SDN BHD

Respondent / Plaintiff

QTC TRANSFORMERS MARKETING SDN BHD

First Defendant

Procedural Posture

Civil Appeal to High Court From Sessions Court / Judgment on Appeal (grounds of Judgment)

Legal Issues

  1. 1 Whether the transformers were defective and whether there was breach of warranty
  2. 2 Whether the plaintiff's installation conduct caused the damage (causation)
  3. 3 Whether the warranty exclusion clause applied to the loss

Ratio Decidendi

On the balance of probabilities the damage to the transformers was caused by the plaintiff's failure to install a separate earthing system (causing over-basic impulse/overloading), the transformers were not defective or unmerchantable, the warranty exclusion applied, therefore D2 is not liable to plaintiff; D2's counterclaim was dismissed because expenses were voluntarily incurred without any agreement by the plaintiff to reimburse them.

Court Disposition

D2's appeal allowed; Sessions Judge order set aside in respect of plaintiff's claim against D2; D2's counter-claim dismissed.

Orders

  • Allow D2's appeal
  • Set aside the order of the Sessions Judge insofar as it held D2 liable