14 Aug 2023
1. ) POWERFABRIC SDN BHD 2. ) SHAOXING ACROSUN TRADING CO LTD INDAH KUASA SDN BHD
- Citation
- WA-22NCvC-690-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-690-09/2019 (Mahkamah Tinggi)
Plaintiffs failed to prove on the balance of probabilities that defendant made the specific pre-contractual representations alleged because plaintiffs did not disclose the specific manufacturing requirements, contemporaneous documents show defendant disclaimed ability to assess such specific needs, expert evidence favored defendant that the factory structure and floor were not compromised by subsidence, and plaintiffs later took possession and accepted the premises; accordingly rescission and misrepresentation claims dismissed and defendant's counterclaim for unpaid rent and contractual damag…