2014 MarsdenLR 202
COURT OF APPEAL PUTRAJAYA
MATANG PLASTIK & METAL WORK INDUSTRIES SDN BHD & ORS – Appellant
Versus
DAIMLER CHRYSLER MALAYSIA SDN BHD & ORS – Respondent
[Civil Appeal No: P-02-1438-06-2012]
The court established that implied guarantees regarding acceptable quality under the Consumer Protection Act apply if a vehicle is represented as safe and luxurious, and misrepresentation can warrant damages.
Headnote:(A) Consumer Protection Act 1999 - Section 32 - Res ipsa loquitur - Misrepresentation - The appellants claimed damages for loss of use of a car owing to negligence which the High Court dismissed, citing the absence of proven fraud or negligence. The appellants argued the car was not of acceptable quality. (Paras 1, 10, 16, 32)
(B) The court ruled the doctrine of res ipsa loquitur was inapplicable as the appellants had control of the vehicle and could not prove negligence by the respondents. (Paras 11, 14)
(C) The court found sufficient evidence of misrepresentation regarding the quality of the car in contradiction to the trial judge's conclusion. (Paras 16, 32)
Facts of the case:
1st appellant purchased the car from the respondents, who represented it as luxurious and high quality. The car caught fire shortly after purchase, leading to claims of negligence and misrepresentation. (Paras 3-9)
Findings of Court:
The respondents breached the implied guarantee of acceptable quality under the Consumer Protection Act; the car was deemed unfit for purpose due to frequent breakdowns and the fire incident. (Paras 32, 33)
Issues: The main issues were whether the doctrine of res ipsa loquitur applied and whether misrepresentation concerning the car's quality occurred. (Paras 10, 32)
Ratio Decidendi: The court maintained that the trial court erred in dismissing the misrepresentation claim and that the vehicle was not of acceptable quality, necessitating appellate intervention. (Paras 32-33)
Result: Appeal allowed.
| Table of Content |
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| 1. overview of appeal and judgment outcome. (Para 1 , 2) |
[1] This is an appeal against the decision of the High Court after full trial where the learned trial judge dismissed the appellants' claim for loss of use of a Mercedes Benz car model 350-L-V200 No. WMK 7337 ("the Car") and damages with costs of RM35,000.00 to the 1st defendant/1st respondent and RM35,000.00 to the 2nd and 3rd defendants/respondents.
[2] After giving due consideration to the respective submissions by the appellants and the respondents, we unanimously allowed the appeal with costs of RM100,000.00 here and below. We set aside the decision of the High Court and made an order that damages be assessed by the Senior Assistant Registrar of the High Court of Penang, and the deposit be refunded to the appellants. We now give our reasons.
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