30 Jul 2020
Mielen Balakrishnan 1 ) Malayan Banking Bhd 2) Sime Darby Auto Connexion Sdn Bhd 3) Capital Intertrade Sdn Bhd
- Citation
- WA-A52NCVC-409-05/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A52NCVC-409-05/2019 (Mahkamah Sesyen)
Court found repeated major defects and replacement of key components (including engine) within the warranty period established that the vehicle was not of merchantable quality and not fit for purpose; that entitled the hirer to rescind under s.8 HPA 1967. Claims against the dealer and distributor were dismissed because contractual relations were superseded by the hire-purchase agreement per authority; an implied indemnity obligation existed between the bank and dealer such that the dealer must indemnify the bank for the refundable deposit (subject to depreciation). Other claimed damages were…