24 Sept 2024
EVYAP SABUN MALAYSIA SDN BHD SAMAJU KIMIA SDN BHD
- Citation
- BA-22NCvC-160-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-160-04/2023 (Mahkamah Tinggi)
On the balance of probabilities the court found the IPA delivered by the Defendant contained Methanol, the Defendant breached its delivery obligations under the PO/Incoterms (DDP) by providing contaminated product and failing to ensure proper carriage, the evidence (including third-party lab report) was not rebutted, res ipsa loquitur applied to permit an inference of negligence, and Plaintiff proved specific heads of loss sufficiently to award RM800,081 (direct material loss) and RM19,800 (production loss); other consequential and business losses claimed were not proven; Defendant’s claim fo…