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2016 MarsdenLR 1933

HIGH COURT MALAYA IPOH
HASLINA ALIAS – Appellant
Versus
SIRDI - 333 OTOMOBIL SDN BHD – Respondent


Table of Content
1. claims based on a sale agreement are barred once a hire purchase agreement is executed. (Para 1 , 2 , 3 , 4)
2. the court clarifies the adequacy of existing case law in addressing the current claim. (Para 5 , 6 , 7 , 9)
3. the court evaluates whether termination of the hire purchase agreement affects the sale agreement. (Para 8 , 10 , 12 , 13 , 14 , 15 , 16 , 17)
SM Komathy Suppiah JC:

[1] The sole issue in this appeal is whether a car dealer can maintain an action against the purchaser / hirer based on the sale and purchase agreement between them upon the execution of a hire purchase agreement by the latter with a finance company. The learned Sessions Judge answered the question in the affirmative.

[2] A little background assists in understanding the factual matrix of this appeal. The defendant (the appellant here) and her husband attended the plaintiff's (the respondent here) showroom to buy a new Toyota Camry model 2.0(G) ('the car"). Following a brief discussion with a sales officer there, the defendant agreed to buy the car for the sum of RM 159,800.00 and signed a retail customer order. The defendant agreed to pay a deposit of RM 16,000.00. He was given a rebate

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