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2023 MarsdenLR 1756

HIGH COURT MALAYA PENANG
DR HEMA THIYAGU – Appellant
Versus
PENGARAH PENGANGKUTAN JALAN NEGERI PULAU PINANG & ORS – Respondent


Petitioner Advocates:Simon Murali,Kok Yuen Lin ,Respondent Advocate: Muhammad Sinti

Table of Content
1. vehicle purchase and seizure context. (Para 1 , 2 , 3 , 4)
2. public trust in vehicle registration accuracy. (Para 5 , 6 , 21 , 22)
3. claims based on wrongful detention and statutory duty. (Para 23 , 24 , 31 , 32)
4. determination of breach of statutory duty. (Para 40 , 68)
5. conclusion and awarded damages. (Para 69 , 70 , 71 , 72)
JUDGMENT

Anand Ponnudurai J:

Introduction

[1] The Plaintiff purchased a vehicle secondhand in July 2020 after the said vehicle was inspected by Puspakom Sdn Bhd at the behest of the Defendants whereafter the said vehicle was registered in the name of the Plaintiff on 21 July 2020.

[2] To the Plaintiff's dismay, the Defendants seized the said vehicle approximately 10 months later upon suspicion/discovery that the said vehicle was a cloned vehicle. The said vehicle has yet to be returned to the Plaintiff to date.

[3] A cloned vehicle is a colloquial description of a vehicle that bears a deceptive identity where the identifiers of such vehicle such as the registration number, engine number and/or chassis number have been tampered with and do not belong to it but in fact belong to another vehicle.

[4] The Plaintiff's claim herein is premised on the

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