31 Oct 2019
MASTER JAYA ENVIRONMENTAL SDN BHD PENTAS FLORA SDN BHD
- Citation
- W-02(NCVC)(W)-1203-06/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-1203-06/2018 (Mahkamah Rayuan)
The Court of Appeal affirmed the High Court: Scrubber No.8 was not fit for purpose and defendant breached express warranties and contractual obligations (including DOE-related obligations and training), the defendant was negligent and vicariously liable for the explosion caused by its sub-agent, the NABBIR report lacked probative value without its maker, the exclusion clause was ambiguous and ineffective, and the damages awarded by the trial judge were supported and not to be disturbed on appeal.