15 Mar 2024
MAH CHOON MING AMCAR WORLD SDN BHD
- Citation
- WA-11BNCvC-74-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-11BNCvC-74-10/2023 (Mahkamah Tinggi)
Magistrate erred in law by granting both the main and alternative prayers; the plaintiff affirmed the contract by keeping and using the vehicle after inspection and rejecting the offer of refund, but misrepresentation as to mileage was established and equitable remedy is general damages rather than rescission; accordingly the defendant's appeal is allowed in part and ordered to pay RM14,500 in general damages while the plaintiff's appeal for exemplary damages is dismissed.