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2011 MarsdenLR 1094

HIGH COURT MALAYA KUALA LUMPUR
GOH KHENG PEOW – Appellant
Versus
CYCLE & CARRIAGE BINTANG BERHAD – Respondent


Table of Content
1. claim for damages due to vehicle issues. (Para 1 , 2 , 12)
2. plaintiff's repeated issues with vehicle repairs. (Para 4 , 5 , 10)
3. defendant's defense based on vehicle maintenance history. (Para 13 , 20 , 24)
4. issues raised for judicial determination. (Para 26 , 27 , 36)
5. court's findings lead to dismissal of the plaintiff's claim. (Para 46 , 48 , 49)

1. This is a claim by the Plaintiff for special damages in the sum of RM289,914.32 for cost of repair of a motor vehicle, a Mercedez Benz Model No. E 280 bearing registration number WJR 3688 (hereinafter referred to as "the said vehicle"), loss of use of the said vehicle and compensation paid to a third party. In addition to that the Plaintiff is also claiming for general damages in the sum of RM300,000.00 for loss of reputation, emotional pain, trauma, distress and fear, interest and costs.

2. The Defendant denies all claims by the Plaintiff and contends that the Plaintiff is not entitled to such damages as the Defendant had attended to all complaints pertaining to the said vehicle and had sufficiently and properly repaired the said vehicle and the same was returned to the Plaintiff in good, orderly and roadworthy

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