29 Nov 2022
YAYASAN HASANAH 1. ) MOHD NIZAM BIN MOHD NASIR 2. ) SIGMA INFO ANALYTICS DATA SDN BHD
- Citation
- WA-22NCC-249-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-249-05/2021 (Mahkamah Tinggi)
On the facts the 2nd Defendant breached the contract by delivering laptops that did not conform to the purchase order specifications and were not of merchantable quality or fit for the CERDIK purpose; the Plaintiff had not accepted the delivered 1,011 units within the meaning of SOGA, validly rejected and terminated the contract; Plaintiff is entitled to restitution of RM3,239,681.30 (monies paid) with interest and costs; D2 was unjustly enriched and must refund; D1 is personally liable for deceit/fraudulent misrepresentation for knowingly or recklessly inducing the contract; D2's counterclai…