20 Apr 2023
MOHAMMAD FERDAUS BIN SHASUKHAINI 1. ) CIMB ISLAMIC BANK BERHAD 2. ) SIME DARBY AUTO CONNEXION SDN BHD 3. ) AUTO LUMINA SDN BHD
- Citation
- JA-A72M-353-05/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-A72M-353-05/2020 (Mahkamah Majistret)
The hire‑purchase agreement between the Plaintiff and the financier (Defendant 1) superseded any contractual relationship with the dealer (Defendant 2) and the seller (Defendant 3); therefore the Plaintiff lacked locus standi to maintain the claim against Defendants 2 and 3. Moreover, defects were addressed under the manufacturer's warranty by Defendant 3 and the proper route for claims lay against the financier or by pleading s.8 HPA, which the Plaintiff did not do; accordingly the Plaintiff failed to prove the case on the balance of probabilities and the claim against Defendants 2 and 3 is…