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HIGH COURT MALAYA KUALA LUMPUR
LIEBHERR SALES KLUANG SDN BHD – Appellant
Versus
ZHONGJI CONSTRUCTION SDN BHD – Respondent
| Table of Content |
|---|
| 1. settlement agreement terms and claims (Para 1 , 2 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. dispute over binding nature of settlement agreement (Para 14 , 15) |
| 3. acknowledge of debt and estoppel principles (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. warranty coverage limitations (Para 25 , 26) |
| 5. acknowledgment of repair costs (Para 34 , 35 , 36) |
| 6. repair method and consent issues (Para 41 , 42) |
| 7. court's final judgment and order (Para 45) |
Introduction
[1] The plaintiff commenced this action against the defendant to recover the sum of RM1,398,685.50 ("Outstanding Sum") which remained outstanding pursuant to a Settlement Agreement executed on 16 December 2021. The Outstanding Sum represented the balance due from the defendant to the plaintiff after deducting three payments amounting to RM398,685.00 from the agreed sum of RM1,797,370.50.
[2] The claim arose from repair costs and rental charges incurred for a drilling machine identified as Drilling Rig Machine Type/SN: LB36-410/115953 ("Second Machine"). The machine sustained damage while it was under the possession and control of the defendant. The defendant denied liability and conte
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