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2021 MarsdenLR 1127

COURT OF APPEAL PUTRAJAYA
UMW TOYOTA MOTOR SDN BHD & ANOR – Appellant
Versus
ALLAN CHONG TECK KHIN & ANOR – Respondent


Petitioner Advocates:Jasmeetpal Singh ,Respondent Advocate: Eric Augustin,Elson Beh

JUDGMENT

Supang Lian JCA:

Introduction

[1] On 6 September 2019, after a full trial, the High Court had allowed the claim of the respondents (the 1st and 2nd plaintiffs in the Court below) for general damages predicated on the appellants' (the 1st and 2nd defendants in the Court below) breach of duty to make accurate and true representations in respect of a vehicle which had induced the respondents to purchase it from the appellants. The appeal before us is against that decision of the High Court. We heard the appeal on 15 September 2020 and allowed it. These are the reasons for our decision.

[2] For convenience, the parties will be referred to as they were in the High Court.

The Plaintiffs' (Respondents) Case

[3] The plaintiffs wanted to buy an SUV type vehicle when they came across the 2nd defendant's Facebook page containing advertisements and numerous posts on the Lexus NX200T model. The 2nd defendant is the main distributor of Lexus brand vehicles in Malaysia.

[4] As the plaintiffs were interested in the vehicle, a test drive was arranged with the sales representative of the 1st defendant, Ms. Tracy Lim, who attended to the plaintiffs. From the test drive, the plaintiffs found the veh

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