HEVEAPAC SDN. BHD. v LOTUS CITY BEARINGS (M) SDN. BHD.

aa-22ncc-19-11-2023 High Court (Mahkamah Tinggi) 21 August 2025 • AA-22NCC-19-11/2023

Catchwords

CIVIL PROCEDURE: Contract - Sale of goods - Counterfeit goods - Breach of condition – Refund - Restitution - Damages - Defendant admitted supplying unauthentic ball bearings, amounting to fundamental breach under Sale of Goods Act 1957 - Plaintiff entitled to rescind contract, but refund of purchase price conditional upon return of goods to effect restitution. - Misrepresentation not established as it was not pleaded and statement relied upon was post-contract - Claims for replacement and dismantling costs dismissed as premature and unproven - Loss of profit allowed in reduced sum - Claim for reputational loss dismissed - Judgment partly for plaintiff.

Practice Areas

Civil Procedure Contract

Judges (1)

Abdul Wahab bin Mohamed Delivered

Parties (2)

HEVEAPAC Sdn Bhd Plaintiff LOTUS CITY BEARINGS Sdn Bhd Defendant

Judgment

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Source: eJudgment (aa-22ncc-19-11-2023)