LUBEGUARD SDN. BHD. v MAXCHEM PETROLEUM (M) SDN. BHD.
Catchwords
Civil appeal - appeal against the decision of the SCJ in allowing the Respondent’s application for summary judgment Estoppel - if all 25 consignments were indeed substandard, it defies logic that the Appellant did not immediately reject or halt subsequent shipments upon discovering the defective quality of the very first consignment - instead, the Appellant continued to accept deliveries without protest, waiting until the 25th and final consignment before raising any objection - in all the circumstances the Appellant is estopped from asserting about the substandard of the goods. Afterthought - the Appellant raised no contemporaneous objections when served with the notice of demand - instead, the Appellant’s solicitor merely replied that it would refer the matter to the Appellant for instructions - at no point did the Appellant challenge the quality of the delivered goods or contest the outstanding debt amount after receiving the notice, rendering its current defence an afterthought
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-12ancc-10-12-2025)