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1996 MarsdenLR 1960

K.N.SEGARA
SYARIKAT MURNI UTARA (M) SDN BHD – Appellant
Versus
KEWANGAN USAHA BERSATU BERHAD – Respondent


Advocates:
1. En. Yaacob b. Othman (Tn. Ismayatim, Yaacob & Associates) bagi pihak Perayu-Perayu.
2. Cik Mazlina bt. Yusof (Tn. Aishah Jaafar & Associates) bagi pihak Responden.

GROUNDS OF JUDGMENT

[Y.A. TUAN K.N. SEGARA, JUDGE]

The plaintiff (owner) entered into a Hire-Purchase Agreement dated 8/12/92 (hereinafter referred to "hire-purchase contract") with the 1st defendant (hirer) for the purchase of:

Toshiba Electronic Key Telephone;

Toshiba Facsmile Machine;

Canon Electronic Typewriter;

SPC IBM Compatible Computer;

Toshiba Split Air-Cond 1 HP;

Singer Window Air-Cond 1 HP;

Toshiba Split Air-Cond 1 1/ HP;

EPSON PRINTER LX.

The 2nd and 3rd defendants jointly and severally guaranteed the payment by the hirer of all sums due under the hire-purchase contract and the due performance of the hirer of all the hirer's obligation under the said hire-purchase contract.

The Hire Purchase Act 1967 only applies in respect of hire-purchase agreements relating to the good specified in the First Schedule of the Hire-Purchase Act 1967. The List of Goods in the First Schedule was amended by Act A813 which came into force with effect from 1/6/92 vide Gazette notification P.U.(B)217.

The List of Goods under the amended First Schedule is:

[Page 3]

"1. All consumer goods;

2. Motor vehicles, namely -

(a) Invalid carriages;

(b) Motor Cycles;

(c) Motor Cars including taxi cabs an

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