NORMAH BINTI SALIJAN ACTMAR SDN BHD & 2 OTHERS

NORMAH BINTI SALIJAN ACTMAR SDN BHD & 2 OTHERS

The Sessions Court erred by deciding the claim on unpleaded facts (VIN/internet material) and by awarding rescission and damages unsupported by pleadings and evidence; plaintiffs failed to discharge the burden to prove misrepresentation against the dealer and financier, and the hire-purchase agreement excluded the financier's liability; accordingly both appeals succeeded and the Sessions Court orders were set aside in the respects specified.

Citation
BA-12BNCVC-77-10/2019 (Mahkamah Tinggi)
Parties
1st Defendant; Appellant in BA 12 BNCVC 77 10/2019; 3rd Respondent in BA 12 BNCVC 79 10/2019: Actmar Sdn Bhd; 1st Plaintiff; Respondent in BA 12 BNCVC 77 10/2019 and Respondent in BA 12 BNCVC 79 10/2019: Normah binti Salijan; 2nd Defendant; Appellant in BA 12 BNCVC 79 10/2019: Public Islamic Bank Berhad; 2nd Plaintiff; Respondent in BA 12 BNCVC 79 10/2019: Kamarolzaman bin Hajar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 August 2020
Case Number
BA-12BNCVC-77-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (misrepresentation and Hire Purchase Dispute) / High Court Appeal Hearing (grounds of Decision)
Outcome
Appeal BA-12BNCVC-77-10/2019 allowed in part; appeal BA-12BNCVC-79-10/2019 allowed; Sessions Court findings of misrepresentation set aside as stated.
Legal Topics
Misrepresentation, Pleadings and Unpleaded Facts, Exclusion Clauses in Hire Purchase Agreements, Relief Not Pleaded, Appellate Standard of Review
Source Language
Malay/English
Contract Tort Consumer Law Hire Purchase Law Civil Procedure Misrepresentation Pleadings and Unpleaded Facts Exclusion Clauses in Hire Purchase Agreements +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Actmar Sdn Bhd

1st Defendant; Appellant in BA 12 BNCVC 77 10/2019; 3rd Respondent in BA 12 BNCVC 79 10/2019

Normah binti Salijan

1st Plaintiff; Respondent in BA 12 BNCVC 77 10/2019 and Respondent in BA 12 BNCVC 79 10/2019

Public Islamic Bank Berhad

2nd Defendant; Appellant in BA 12 BNCVC 79 10/2019

Kamarolzaman bin Hajar

2nd Plaintiff; Respondent in BA 12 BNCVC 79 10/2019

Procedural Posture

Civil Appeal From Sessions Court (misrepresentation and Hire Purchase Dispute) / High Court Appeal Hearing (grounds of Decision)

Legal Issues

  1. 1 Whether the plaintiffs proved misrepresentation by the dealer (1st Defendant) that they were supplied a showroom rather than a new car
  2. 2 Whether the plaintiffs proved misrepresentation or wrongful release of funds by the finance company (2nd Defendant)
  3. 3 Whether the Sessions Court decided the case on unpleaded facts and evidence improperly adduced (VIN information from internet)

Ratio Decidendi

The Sessions Court erred by deciding the claim on unpleaded facts (VIN/internet material) and by awarding rescission and damages unsupported by pleadings and evidence; plaintiffs failed to discharge the burden to prove misrepresentation against the dealer and financier, and the hire-purchase agreement excluded the financier's liability; accordingly both appeals succeeded and the Sessions Court orders were set aside in the respects specified.

Court Disposition

Appeal BA-12BNCVC-77-10/2019 allowed in part; appeal BA-12BNCVC-79-10/2019 allowed; Sessions Court findings of misrepresentation set aside as stated.