7 Jun 2022
ECOTAFRO MALAYSIA SDN BHD GOODWOOD HOTEL SDN BHD
- Citation
- JA-12BNCvC-28-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCvC-28-12/2020 (Mahkamah Tinggi)
On the balance of probabilities the damage to the transformers was caused by the plaintiff's failure to install a separate earthing system (causing over-basic impulse/overloading), the transformers were not defective or unmerchantable, the warranty exclusion applied, therefore D2 is not liable to plaintiff; D2's counterclaim was dismissed because expenses were voluntarily incurred without any agreement by the plaintiff to reimburse them.