20 Dec 2023
B.G. OLEOCHEMICALS S.L. EVYAP SABUN MALAYSIA SDN BHD
- Citation
- WA-27NCC-56-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-27NCC-56-12/2022 (Mahkamah Tinggi)
On the balance of probabilities the Court found the cargoes arrived wet and infested with insects and that the common causal factor across three separate FCL shipments was inadequate preparation/packing by the Defendant (ineffective heat-treatment timing/traceability of wooden pallets, failure to place desiccants in three of four containers, and insufficient precautions against infestation/condensation). Those failures constituted a breach of implied conditions of description, merchantable quality and fitness for purpose under SOGA ss 15 and 16. Consequently Defendant liable for Plaintiff's p…