28 Apr 2025
MALACHA SDN. BHD. DMY AND FAMILY SDN. BHD.
- Citation
- MC-A73-2-02/2024 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- MC-A73-2-02/2024 (Mahkamah Majistret)
On the balance of probabilities the plaintiff proved the car malfunctioned after refuelling and Porsche Service Centre technical inspection established water contamination of the fuel system; defendant failed to produce credible contemporaneous dipping records or expert rebuttal and did not plead the dipping defence; therefore defendant breached its duty of care and is liable for proven repair costs and reasonable adjuster fees. Loss of use was dismissed for lack of hiring evidence; legal fees claimed as special damages were not recoverable. Court awarded repair costs RM48,568.05, adjuster fe…