HIGH COURT MALAYA KUALA LUMPUR
TRADE OCEAN EXPORTERS SDN BHD – Appellant
Versus
ARAB-MALAYSIAN FINANCE BHD & OTHER CASES – Respondent
JUDGMENT
Mary Lim JC:
[1] Pursuant to order of court dated 24 September 2003, these three cases were ordered to be heard together.
[2] The facts and issues in this case revolve around the hire-purchase of a Mercedes Benz W220 S320L bearing registration number WGY 911 (vehicle). On the first day of trial, the parties reached further consensus on how the trial was to proceed. Because of the nature of the claims, cross-claims and defences, the parties were referred to respectively as the dealer, owner, hirer and guarantor.
[3] In respect of evidence the parties agreed to rely on affidavits or witness statements, as the case may be. The dealer relied on the affidavit and witness statement of Syed Omar Shahabuddin bin Syed Abdullah (Syed) the owner; on the affidavits of Tan Wee Sen (Tan) and Shirley Ong Gek Lian (Shirley); and finally, both the hirer and the guarantor relied on the affidavit of Pang Tee Chiang @ Phang Nyiok Pan (Pang).
[4] To facilitate the arguments, a Chronology of Events as gleaned from the affidavit and documentary evidence filed was also prepared by the parties:
No. Date Events 1. July 1999 The dealer sold the vehicle to the hirer at the purchase price of RM943,002.75 2. 16.7.1
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