MACPACK MACHINERIES SDN BHD WINNER A & C TRADING

MACPACK MACHINERIES SDN BHD WINNER A & C TRADING

The Sessions Court judgment was set aside because contemporaneous documents and the Statement of Agreed Facts established the binding quotation with delivery term of 4-16 weeks and a 40% deposit; the Plaintiff cancelled the contract prematurely on 17.11.2017 before the contractual delivery deadline of 10.01.2018; the Defendant had ordered the machines, was ready and willing to perform, and therefore was entitled to specific performance and the balance purchase price; appellate intervention was justified because the trial judge relied on unpleaded contradictory facts and misappreciated the evidence.

Citation
BA-11B-15-09/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: MACPACK MACHINERIES SDN BHD; Respondent/plaintiff: WINNER A & C TRADING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2022
Case Number
BA-11B-15-09/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Appeal
Outcome
Appeal allowed; Sessions Court decision dated 17.09.2021 set aside.
Legal Topics
Specific Performance, Breach of Contract, Delivery Terms, Pleadings, Appellate Review, Costs
Source Language
Malay/English
Contract Civil Procedure Evidence Specific Performance Breach of Contract Delivery Terms Pleadings Appellate Review +1 more

Case Brief

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Parties

MACPACK MACHINERIES SDN BHD

Appellant/defendant

WINNER A & C TRADING

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Appeal

Legal Issues

  1. 1 Whether the correct contractual quotation and delivery term was 4-16 weeks with 40% deposit or +/-30 days with 50% deposit
  2. 2 Whether the Plaintiff prematurely terminated the agreement
  3. 3 Whether the Defendant had ordered and taken delivery of the machines from China and was ready to deliver

Ratio Decidendi

The Sessions Court judgment was set aside because contemporaneous documents and the Statement of Agreed Facts established the binding quotation with delivery term of 4-16 weeks and a 40% deposit; the Plaintiff cancelled the contract prematurely on 17.11.2017 before the contractual delivery deadline of 10.01.2018; the Defendant had ordered the machines, was ready and willing to perform, and therefore was entitled to specific performance and the balance purchase price; appellate intervention was justified because the trial judge relied on unpleaded contradictory facts and misappreciated the evidence.

Court Disposition

Appeal allowed; Sessions Court decision dated 17.09.2021 set aside.

Orders

  • Set aside Sessions Court judgment dated 17.09.2021
  • Allow Defendant's appeal