15 May 2023
TIEN NGAI MACHINERY SDN BHD ACTAN (MALAYSIA) SDN BHD
- Citation
- WA-22NCC-193-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-193-04/2021 (Mahkamah Tinggi)
Defendant was deemed to have accepted the machines (s.42 SOGA) after prolonged use and failure to reject within a reasonable time; therefore any breach could only amount to a breach of warranty (s.13 SOGA). Defendant failed to prove a fundamental breach or total failure of consideration and failed to prove breach or causal loss; Plaintiff entitled to recover the unpaid balance of RM57,112.00 and Defendant's counterclaim is dismissed.