30 Dec 2021
Syarikat Abdul Ghaffar Trading Sdn Bhd Society Agro-Export Sahel-Sages
- Citation
- BA-22NCvC-593-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-593-11/2018 (Mahkamah Tinggi)
Court found on balance of probabilities that parts of the nine shipments totalling 109,687.5 kg were infested with insects/larvae and therefore unmerchantable (corroborated by Ministry of Health laboratory results and expert evidence); contractual notice clause did not bar plaintiff given latent nature of defects and parties' conduct; plaintiff entitled to set-off USD351,000 (value of destroyed dates) plus RM264,768.96 for proven losses, resulting in total set-off USD417,192 and net judgment in favour of defendant for USD402,281 plus 5% p.a. from 4.8.2019; costs: parties to bear own costs.