7 Jun 2022
QTC TRANSFORMERS MARKETING SDN BHD GOODWOOD HOTEL SDN BHD
- Citation
- JA-12BNCvC-27-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCvC-27-12/2020 (Mahkamah Tinggi)
On a rehearing of the evidence (notes of first trial) the court accepted the defendants' expert evidence that improper earthing and maintenance (and consequent lightning-induced damage) caused the transformers' failures, found the quotation phrase "earthing system included" meant supply not external connection, held plaintiff failed to prove total failure of consideration or residual value, and therefore allowed D1's appeal, set aside the Second Sessions Judge's order and awarded costs to D1.