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HIGH COURT MALAYA PENANG
ECO PRIORITY SDN BHD – Appellant
Versus
ZHONGHUA SOUTHERN PHARMA SDN BHD – Respondent
| Table of Content |
|---|
| 1. claim for outstanding payment and defense of quality. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. determination of liability and quality issues. (Para 11 , 31 , 43 , 44) |
| 3. court's findings on acceptance and acknowledgment of debt. (Para 12 , 14 , 15 , 19 , 21 , 30 , 34) |
| 4. provisions of sale of goods act regarding quality. (Para 42 , 51) |
| 5. final judgment in favor of the plaintiff. (Para 94) |
Introduction
[1] This is a claim by the Plaintiff ("P") against the Defendant ("D") for a sum of RM5,576,789.40 ("outstanding sum") in respect of raw materials supplied by P to D. The defence of D is that the raw materials supplied by P were not of merchantable quality. D filed a counterclaim premised on loss suffered due to the alleged unmerchantable quality. After a full trial, I allowed P's claim. I dismissed D's counterclaim. Here are the grounds of my judgment.
Background Facts
The Parties
[2] P is a supplier of herbs including frankincense, myrrh and high resin jernang. D was a customer of P.
The Purchase Orders
[3] From 22 August 2019 until 4 June 2020, D issued several purchase orders ("purchase orders") to purchase raw materials from P. The particulars of
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