6 May 2022
FA WAGEN SDN. BHD. (Company No: 199720-X) PORATHA CORPORATION SDN. BHD. (Company No: 518083-K)
- Citation
- JA-12B-62-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-62-08/2020 (Mahkamah Tinggi)
The High Court upheld the Sessions Court: the Plaintiff validly affirmed the contract and claimed damages for breach of warranty under the Consumer Protection Act; defects were established from the reasonable consumer perspective without needing expert evidence; the Defendant's failure to call material witnesses justified an adverse inference; a 29‑month repair period was unreasonable; the award for loss of use was supported by evidence and reduction by the trial judge was within judicial discretion, therefore the appeal is dismissed.