JUDGMENT

Dr. Zakaria M. Yatim J:

The plaintiff's claim against the defendant is for a sum of RM56,084 being the balance of the sum due and owing to the plaintiff under a contract for the sale of one complete set of ACE Skyrak Passenger/Material Hoist Model MK 25 (the said machine). The plaintiff also claims interest at the rate of 1% per month as from June 1979 to the date of full payment and costs.

In its statement of defence, the defendant alleged that the plaintiff was in breach of the conditions on description, fitness for the purpose and merchantability implied under ss. 15 and 16(1) of the Sale of Goods Act 1957 . The defendant also counterclaimed against the plaintiff for breaches of contract.

In its counterclaim the defendant said that by reason of the breaches of contract on the part of the plaintiff, the defendant had suffered loss and damage totalling RM750,800 together with interest thereon at 6% per annum from 28 April 1979 to date of realisation and costs. The defendant also asked for a declaration that the plaintiff is liable to indemnify the defendant against all sums which the defendant may be found liable to pay to the estate and/or dependants of the deceased wo