JUDGMENTBY: GUNN CHIT TUAN J, SALLEH ABAS FJ

GUNN CHIT TUAN J Alan McKnight (the plaintiff) sued Tan Chong & Sons Motor Company (Sendirian) Berhad (the defendant) for damages for breach of an agreement under which the defendant sold him a Datsun 260C automatic station wagon (the car). The plaintiffs claim was that the defendant had expressly warranted by his representative that the car would comply with and meet all requirements of the Australian Design Rules (ADR) or at least that the representations did amount to an implied warranty that the car complied with the ADR.

The plaintiff told the court that as an Australian serviceman in this country he was entitled to purchase a car duty free in Malaysia and to take it back to Australia when his tour of duty ended. He was also entitled to take the car back without paying any duty in Australia. The plaintiff, whom the court believed and whose evidence was to a large extent supported by his witness, another Australian serviceman called Lieut. Francis Drake (P.W.2), said that he spoke to one Mr. Sze (D.W.1) in his house at the Royal Australian Air Force base at Butterworth some time during the first week of 1978. He told Mr. Sze that h