12 May 2023
Zone Nine Sdn. Bhd. (dahulunya dikenali sebagai GBH Ceramics Sdn. Bhd.) Kien Wai Plumbing Construction
- Citation
- WA-12BC-21-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-21-12/2022 (Mahkamah Tinggi)
Appeal allowed. The High Court held the plaintiff failed to establish a contractual relationship or agency linking it to the defendant, the plaintiff improperly advanced a negligence cause of action not pleaded, the trial judge erred in inferring manufacturer negligence and misallocating evidential burdens, and the plaintiff was deemed to have accepted the goods after a reasonable time; therefore liability and damages against the defendant could not be sustained.