STEADFAST ADVISORY (M) SDN BHD v HOCK LOONG ELECTRICAL CORPORATION SDN BHD
Catchwords
This appeal involves extended warranty obligations where the Appellant, a financial adviser managing an online warranty platform, disputed RM4,820 liability for repairs claimed by the Respondent. Four customer claims were rejected by the Appellant. The Appellant argued it merely facilitated the platform while AIL bore all liability. The High Court dismissed the appeal, finding the Appellant presented itself as warranty provider through branded certificates stating "managed by Steadfast Advisory" and exclusive customer contact channels. The Court applied adverse inference under Section 114(g) Evidence Act 1950 for failing to call AIL witnesses, establishing that customer-facing entities cannot disclaim responsibility through backend insurance arrangements. Extended warranty; financial adviser; insurance intermediary; Section 114(g) Evidence Act 1950; equitable assignment; Financial Services Act 2013
Practice Areas
This appeal involves extended warranty obligations where the Appellant, a financial adviser managing an online warranty platform, disputed RM4,820 liability for repairs claimed by the Respondent. Four customer claims were rejected by the Appellant. The Appellant argued it merely facilitated the platform while AIL bore all liability. The High Court dismissed the appeal, finding the Appellant presented itself as warranty provider through branded certificates stating "managed by Steadfast Advisory" and exclusive customer contact channels. The Court applied adverse inference under Section 114(g) Evidence Act 1950 for failing to call AIL witnesses, establishing that customer-facing entities cannot disclaim responsibility through backend insurance arrangements. Extended warranty; financial adviser; insurance intermediary; Section 114(g) Evidence Act 1950; equitable assignment; Financial Services Act 2013
Judges (1)
Case Significance
STEADFAST ADVISORY (M) SDN BHD v HOCK LOONG ELECTRICAL CORPORATION SDN BHD is a High Court (Mahkamah Tinggi) decision dated June 8, 2025 (citation: wa-11bncvc-60-11-2024). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Extended warranty; financial adviser; insurance intermediary; Section 114(g) Evidence Act 1950; equitable assignment; Financial Services Act 2013.
What was the outcome of STEADFAST ADVISORY (M) SDN BHD v HOCK LOONG ELECTRICAL CORPORATION SDN BHD?
STEADFAST ADVISORY (M) SDN BHD v HOCK LOONG ELECTRICAL CORPORATION SDN BHD is a High Court decision dated June 8, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.