Peh Swee Chin SCJ:

This is an appeal against an assessment of damages in respect of a vendor who failed to deliver goods to the buyer. An acquaintance with a brief history and material facts leading to this appeal will be essential.

The appellant, (hereafter the "said vendor"), was sued by the respondent, (hereafter the "said buyer"), for failure to deliver 24 units of heavy construction equipment such as "truck cranes", "pile drivers" etc. (hereafter the goods in question wherever it is appropriate) for specific performance of agreement to sell and deliver the goods in question, general damages for breach of contract and for damages, specifically, for loss of agency to sell for the said vendor, other units of similar equipment left at the said vendor's "yard" in Kapar, Port Klang. The claim was disputed by the said vendor who counter-claimed also for work done and materials supplied. The action was tried and the learned Judge found against the said vendor. The learned Judge discretionally declined however, to grant specific performance, but instead, awarded damages for breach of contract and costs to the said buyer, dismissing at the same time the counter-claim of the sa