8 Jun 2023
PUNCAK GENERASI (M) SDN. BHD. ADASFA SDN. BHD.
- Citation
- CA-A72NCC-164-10/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CA-A72NCC-164-10/2021 (Mahkamah Majistret)
On balance of probabilities the court found the VSD failure occurred after the contractual warranty expired and no complaint was made during the warranty period; defendant's continued use constituted acceptance under s.42 Sale of Goods Act 1957, therefore plaintiff was not liable for the defect and was entitled to the outstanding purchase price while the defendant's counterclaim was dismissed.