AMCAR WORLD SDN BHD v MAH CHOON MING

wa-11bncvc-73-10-2023 High Court (Mahkamah Tinggi) 14 March 2024 • WA-11BNCvC-73-10/2023 • 13 min read

Catchwords

A plaintiff must make an election at the trial – Alternative prayers cannot be granted together with a plaintiff's main prayers – Grave error to allow alternative prayers as well as main prayers – Appellate intervention warranted – S.66 Contracts Act 1950 to justify a refund of the purchase price – Inapplicable to claim damages for misrepresentation – By the Plaintiff's conduct, deemed to have elected to keep the subject car instead of returning it to seek a full refund – Judicial notice that a car driven for more than 160,000 kilometer would be worth significantly less than a car driven for about 90,000 kilometer – Plaintiff therefore entitled to general damages

Judges (1)

Gan Techiong Delivered

Counsel (4)

YY Tan & Co. Firm Zi & Associates Firm Lim Meng Guan Counsel Respondent Tan Yan Yong Counsel Appellant

Parties (2)

AMCAR WORLD Sdn Bhd Appellant Mah Choon Ming Respondent

Statutes Cited

Contracts Act 1950 (Cap 136)

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-11bncvc-73-10-2023)