HEVEAPAC SDN. BHD. v LOTUS CITY BEARINGS (M) SDN. BHD.

aa-22ncc-19-11-2023 High Court (Mahkamah Tinggi) 21 August 2025 • AA-22NCC-19-11/2023

Catchwords

CIVIL PROCEDURE: Contract - Sale of goods - Counterfeit goods - Breach of condition – Refund - Restitution - Damages - Defendant admitted supplying unauthentic ball bearings, amounting to fundamental breach under Sale of Goods Act 1957 - Plaintiff entitled to rescind contract, but refund of purchase price conditional upon return of goods to effect restitution. - Misrepresentation not established as it was not pleaded and statement relied upon was post-contract - Claims for replacement and dismantling costs dismissed as premature and unproven - Loss of profit allowed in reduced sum - Claim for reputational loss dismissed - Judgment partly for plaintiff.

Judges (1)

Abdul Wahab bin Mohamed Delivered

Parties (2)

HEVEAPAC Sdn Bhd Plaintiff LOTUS CITY BEARINGS Sdn Bhd Defendant

Case Significance

HEVEAPAC SDN. BHD. v LOTUS CITY BEARINGS (M) SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated August 21, 2025 (citation: aa-22ncc-19-11-2023). The case was decided by Abdul Wahab bin Mohamed.

What was the outcome of HEVEAPAC SDN. BHD. v LOTUS CITY BEARINGS (M) SDN. BHD.?

HEVEAPAC SDN. BHD. v LOTUS CITY BEARINGS (M) SDN. BHD. is a High Court decision dated August 21, 2025. The case was heard by Abdul Wahab bin Mohamed. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-22ncc-19-11-2023)