3 Jan 2023
TECHNOLITE MALAYSIA SDN BHD ALFALLAH CLEANTECH (M) SDN. BHD.
- Citation
- WA-12BNCC-5-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-5-02/2022 (Mahkamah Tinggi)
Appeal allowed because the trial judge failed to properly evaluate and appreciate the totality of the evidence by wrongly disregarding the SIRIM and manufacturer reports and unchallenged testimony that samples tested came from the failed lights; those reports and testimony established that the VarioLED met or exceeded the catalogue ambient temperature and that damage resulted from improper installation, and the Plaintiff failed to prove non‑compliance or causation on the balance of probabilities; accordingly the Sessions Court judgment was set aside and costs awarded to the Appellant.