8 Nov 2023
AUTO LUMINA SDN BHD XXXX
- Citation
- JA-12BNCvC-40-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCvC-40-12/2022 (Mahkamah Tinggi)
Appellant's appeal dismissed because recurring defects within the warranty period, though not fundamental, amounted to breach of warranty entitling respondent to general damages for inconvenience, discomfort and fear; appellant failed to rebut defect evidence and drew adverse inference for not calling material witness; the Sessions Court's award of RM50,000 was a reasonable exercise of its discretion and is affirmed.