Court allows M-Benz dealer’s late defence, moves case to Sg Petani

 

Khean Seng Engineering Sdn Bhd is suing Mercedes-Benz Malaysia and dealer Asbenz Motors over an allegedly defective Mercedes-Benz S580e. (Khean Seng Engineering Sdn Bhd pic)

GEORGE TOWN: 

The High Court here has granted two applications by Asbenz Motors Sdn Bhd in a lawsuit brought over a defective Mercedes-Benz S580e – allowing the dealership to file its defence out of time, and transferring the case to Sungai Petani for hearing.

Justice Quay Chew Soon said Asbenz Motors’s delay of two to three days was not significant enough to warrant the outright rejection of its defence statement.

It is not an inordinate delay,

 the judge said in allowing the dealership to formally respond to claims made by Khean Seng Engineering Sdn Bhd.

Quay also ordered that the case be transferred to the High Court in Sungai Petani, Kedah, ruling that it was the appropriate forum for the proceedings.

He pointed out that the car in question had been purchased in Sungai Petani, and it was a more convenient location for the defendants.

It is a matter of convenience and fairness, and the matter is more appropriately tried in Sungai Petani,

 he said.

Earlier, Khean Seng’s counsel, Marcia Lopez, had argued that the George Town court was a more suitable venue, given its proximity to her client’s place of business.

She also urged the court to take into account the considerable inconvenience already endured by her client due to the car’s persistent issues.

Lopez said Asbenz Motors had affirmed statutory declarations in the Penang state capital and hired lawyers from there as well.

However, Quay found that Sungai Petani’s connection to the sale of the vehicle weighed in favour of shifting the proceedings there.

Khean Seng is suing Mercedes-Benz Malaysia Sdn Bhd and Asbenz Motors over a series of mechanical problems which allegedly surfaced one year after its purchase of the car at a price in excess of RM700,000.

The company alleges multiple defects, including issues with the ignition, suspension, and electrical system, among others.

Mercedes-Benz Malaysia has denied liability, contending that all warranty repairs were appropriately conducted by Asbenz Motors. - FMT