1. AGASTA CO. LTD. (Company Registration No In Japan: 0110-01-072500) 2. NIPPON EXPORT AND INVESTMENT INSURANCE (Company Registration No In Japan: 0100-01-182633) RINTIS MALAY MOTORS SDN. BHD. (Company No: 120864-P)

1. AGASTA CO. LTD. (Company Registration No In Japan: 0110-01-072500) 2. NIPPON EXPORT AND INVESTMENT INSURANCE (Company Registration No In Japan: 0100-01-182633) RINTIS MALAY MOTORS SDN. BHD. (Company No: 120864-P)

Rintis failed to prove coercion/duress; the court found Rintis breached the sales contracts and repayment agreement by not paying for delivered vehicles; NEXI has locus standi to sue in its own name because it received rights by subrogation/assignment under the Letter of Subrogation and Japanese law governs the insurance contract (Article 42), alternatively the assignment complied with s4(3) Civil Law Act; accordingly judgment entered for plaintiffs with specified monetary awards and dismissal of Rintis' counterclaim and Suit 412.

Citation
WA-22NCC-132-03/2019 (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-132-03/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Civil Suits (contract and Insurance) / Judgment After Full Trial (grounds of Judgment Issued)
Outcome
Judgment for Plaintiffs in Suit 132; Defendant's counterclaim dismissed; Suit 412 dismissed.
Legal Topics
Subrogation, Assignment of Chose in Action, Locus Standi of Insurer, Duress/coercion, Breach of Contract, Choice of Law (japanese Law)
Source Language
Malay/English
Contract Law Insurance Law Civil Procedure Evidence Law Conflict of Laws Subrogation Assignment of Chose in Action Locus Standi of Insurer +3 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 Civil Suits (contract and Insurance) / Judgment After Full Trial (grounds of Judgment Issued)

Legal Issues

  1. 1 Whether the sales contracts and payment rescheduling agreement were entered under coercion/duress and are voidable
  2. 2 Whether Rintis breached the contracts by failing to pay for the delivered vehicles
  3. 3 Whether NEXI, a non-party to the sales contracts, has locus standi to sue in its own name

Ratio Decidendi

Rintis failed to prove coercion/duress; the court found Rintis breached the sales contracts and repayment agreement by not paying for delivered vehicles; NEXI has locus standi to sue in its own name because it received rights by subrogation/assignment under the Letter of Subrogation and Japanese law governs the insurance contract (Article 42), alternatively the assignment complied with s4(3) Civil Law Act; accordingly judgment entered for plaintiffs with specified monetary awards and dismissal of Rintis' counterclaim and Suit 412.

Court Disposition

Judgment for Plaintiffs in Suit 132; 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