YAYASAN HASANAH 1. ) MOHD NIZAM BIN MOHD NASIR 2. ) SIGMA INFO ANALYTICS DATA SDN BHD

YAYASAN HASANAH 1. ) MOHD NIZAM BIN MOHD NASIR 2. ) SIGMA INFO ANALYTICS DATA SDN BHD

On the facts the 2nd Defendant breached the contract by delivering laptops that did not conform to the purchase order specifications and were not of merchantable quality or fit for the CERDIK purpose; the Plaintiff had not accepted the delivered 1,011 units within the meaning of SOGA, validly rejected and terminated...

Source-derived case information.

Citation
WA-22NCC-249-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Yayasan Hasanah; 1st Defendant: Mohd Nizam bin Mohd Nasir; 2nd Defendant: Sigma Info Analytics Data Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 November 2022
Case Number
WA-22NCC-249-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil – Commercial Contract and Tort (sale of Goods, Misrepresentation) / Final Judgment (trial)
Outcome
Judgment for Plaintiff; Defendants jointly and severally liable; counterclaim dismissed
Legal Topics
Breach of Contract, Termination for Repudiatory Breach, Acceptance and Inspection of Goods, Implied Conditions and Fitness for Purpose, Warranty, Fraudulent Misrepresentation, Deceit, Measure of Damages, Judicial Admissions, Public Records Evidence
Contract Law Tort (deceit/fraudulent Misrepresentation) Sale of Goods Evidence Unjust Enrichment Remedies (damages, Restitution) Breach of Contract Termination for Repudiatory Breach +8 more

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Parties

Yayasan Hasanah

Plaintiff

Mohd Nizam bin Mohd Nasir

1st Defendant

Sigma Info Analytics Data Sdn Bhd

2nd Defendant

Procedural Posture

Civil – Commercial Contract and Tort (sale of Goods, Misrepresentation) / Final Judgment (trial)

Legal Issues

  1. 1 Whether D2 breached the contract for sale by delivering laptops that did not conform to specifications or were not of merchantable quality
  2. 2 Whether the Plaintiff had accepted the 1,011 delivered units such that rejection and termination were barred
  3. 3 Whether Plaintiff was entitled to terminate the contract and recover monies paid and other damages

Ratio Decidendi

On the facts the 2nd Defendant breached the contract by delivering laptops that did not conform to the purchase order specifications and were not of merchantable quality or fit for the CERDIK purpose; the Plaintiff had not accepted the delivered 1,011 units within the meaning of SOGA, validly rejected and terminated the contract; Plaintiff is entitled to restitution of RM3,239,681.30 (monies paid) with interest and costs; D2 was unjustly enriched and must refund; D1 is personally liable for deceit/fraudulent misrepresentation for knowingly or recklessly inducing the contract; D2's counterclaim for storage charges dismissed.

Court Disposition

Judgment for Plaintiff; Defendants jointly and severally liable; counterclaim dismissed

Orders

  • Judgment entered against 1st and 2nd Defendants jointly and severally for RM3,239,681.30 with interest at 5% per annum from date claimed until judgment and costs of RM35,000 subject to allocator
  • D2’s counterclaim for RM36,000 (storage charges) dismissed