1 Jan 1900
LIS-TEC SDN. BHD. (N0. SYARIKAT: 281521-D) RHB ISLAMIC BANK BERHAD (N0. SYARIKAT: 680329-V)
- Citation
- PA-22NCVC-159-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCVC-159-10/2018 (Mahkamah Tinggi)
Plaintiff's claim was dismissed because the hire-purchase Agreements expressly vested the Defendant with unfettered discretion to sell repossessed machines and disclaimed any obligation to obtain market value; the Plaintiff failed to prove on the balance of probabilities that the Defendant owed a duty of care, failed to prove repossession of 11th machine, had notice of subsequent auctions, produced no credible evidence of negligence or market value (no expert valuation), and thus failed to discharge the burden of proof; adverse inference was inappropriate.