JUDGMENT

Hepworth J:

The plaintiffs are a hire purchase finance company carrying on business at 9, Union Street, Penang. The defendant at all material times was the secretary of the Malayan Police Cooperative Society, Penang.

On 28 August 1963 the defendant entered into a hire purchase agreement with the plaintiffs (hereinafter referred to as the agreement) whereby the defendant agreed to hire a Ford Cortina motor-car PD 5436 from the plaintiffs and pay therefor 29 instalments of $141.35 commencing on the 28 September 1963 and one final instalment of $150.85. After payment of all the instalments due the defendant was to be entitled to purchase the said motor-car for the sum of $10.

The defendant took delivery of the said motor-car on the 28 August 1963, and while driving the said motor-car on the 26 September 1963, met with a serious accident as a result of which the said motor-car was badly damaged and the defendant suffered severe injuries. As a result no instalments have ever been paid under the agreement.

The said motor-car was ultimately repaired at a cost of $2,100, which sum was paid by the plaintiffs, and is now in a garage in Penang.

The plaintiffs claim $4,250 being t