Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Rejection of goods

Legal area

Court

21 Jun 2023

MALTOOL INDUSTRIES SDN BHD 1. ) THRIVE GLORY SDN BHD 2. ) BERMAZ MOTOR TRADING SDN BHD

Citation

WA-12BNCC-35-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-35-08/2022 (Mahkamah Tinggi)

The appellant failed to prove on the balance of probabilities that the vehicle was not of merchantable quality or unfit for purpose because it did not call expert or technical evidence to establish the nature, cause and persistence of alleged defects; the unilateral total rejection was premature given substantial remaining warranty cover and available remedial repair; therefore the Sessions Court's requirement for expert evidence was correct and the appeal is dismissed.
6 Jan 2020

SENSINI MARKETING SDN BHD HONG DA FESYEN SDN BHD

Citation

PA-12ANCC-3-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCC-3-03/2019 (Mahkamah Tinggi)

The High Court held the omission to exhibit a draft statement of defence was not fatal; the Respondent's affidavit and exhibits (photographs, messages, debit note) disclosed a prima facie defence that some goods were rejected and that part payments had not been accounted for, therefore the Sessions Court's order setting aside the Judgment in Default was correct and the appeal was dismissed.