15 Sept 2020
1. UMW TOYOTA MOTOR SDN BHD 2. TELAGAMAS MOTORS SDN BHD 1. ALLAN CHONG TECK KHIN 2. HO YOKE PENG
- Citation
- P-02(NCVC)(w)-1824-10/2019 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- P-02(NCVC)(w)-1824-10/2019 (Mahkamah Rayuan)
The Court allowed the appeal because the High Court plainly misappreciated the expert evidence: the plaintiffs' own experts' reports and cross-examination showed vibration readings fell within the comfortable range under ISO 2631 and the vehicle performed no worse than comparison vehicles; the trial judge erred in treating expert evidence as unassailable absent a contrary expert and failed to give weight to concessions elicited in cross-examination; moreover the 2nd plaintiff did not testify and could not establish inducement. Therefore there was no proven defect or actionable misrepresentati…