GROUNDS OF JUDGMENT

This is a case after a full trial where the subject matter is a tipper lorry. The Plaintiff, as the purchaser, sues the Defendants for breach of contract and/or a repudiation of the contract. The Plaintiff claims the Defendants failed to deliver the tipper lorry in a roadworthy and good working order and condition, and additionally failed to deliver within the stipulated time agreed between the parties. The Defendants on the other hand counterclaim against the Plaintiff for specific performance of the agreement and the sum of RM3,620.00 being the cost of additional works done on the tipper lorry.

The Plaintiff claims that judgment be entered against the Defendants for the following: (a) refund of the deposit and/or part payment of RM24,160.00 paid by the Plaintiff to the Defendants; (b) a sum of RM53,025.00 being the cost for hiring a replacement lorry for the period 9.10.2004 to 31.1.2005; (c) repair costs of RM464.00; (d) interest at 8% per annum on the sum awarded by the court from the date of filing of the action until date of full and final settlement.

Three witnesses were called for the Plaintiff, as against two for the Defendants.

The Plaintiff cites