24 Mar 2023
Amalcon Engineering Sdn Bhd DATUK DAVID CHUA KOK TEE
- Citation
- WA-A72NCvC-5750-10/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72NCvC-5750-10/2021 (Mahkamah Majistret)
The court held that valid contracts existed by the parties' conduct and acceptance; Clause 3 of the maintenance agreement covered spare parts including the Car Position Indicator; replacement was not practicable because the original manufacturer had ceased production and Clause 5 excluded liability for causes beyond plaintiff's control; the lift remained operational on the evidence and defendant failed to prove loss or causation, therefore the plaintiff proved its claim for unpaid maintenance charges and the defendant's counterclaim failed.