Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Lemon law commentary
  • 1 Jan 1900

    PORATHA CORPORATION SDN BHD F.A.WAGEN SDN BHD

    Citation
    JA-A52-19-04/2018 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A52-19-04/2018 (Mahkamah Sesyen)

    On the balance of probabilities the plaintiff proved multiple fundamental defects in the new vehicle; the defendant failed to repair within a reasonable time despite possession of the vehicle for years; adverse inference was properly drawn for failure to call material witnesses; plaintiff affirmed the contract and was entitled to damages for loss of use and special damages; claim allowed with costs and interest.