[2009]DLSC17793 • July 27, 2009 • Supreme Court •
CONTINENTAL PLASTICS ENGINEERING CO LTD vs. IMC INDUSTRIES-TECHNIK GMBH
The plaintiff, a German-registered supplier of industrial machinery, sold a plastic machine to the defendant company in July 1998. The machine was sold 'as is, as seen/inspected, without warranty' and was installed by the defendant company itself, which claimed expertise in plastics engineering. The defendant alleged latent defects discovered only after installation and testing, which the plaintiff denied, asserting the machine was in good condition and no defects were reported prior to payment demand.
read moreJUDGMENT GEORGINA WOOD CJ On 22 July 2009, we unanimously dismissed the appeal lodged by the defendant-appellant-appellant (hereafter called the defendant company) and reserved our reasons. We now give the reasons for our decision. By an amended statement of claim filed on 12 May 2000, the plaintiff-respondent-respondent (hereafter called plaintiff company) claimed the following reliefs against the defendant company: "(a) the total sum of US$40,000 being the cost of one plastic machine sold to the defendant by the plaintiff; (b) interest on US$10,000 from September 1998 till date of final payment; (c) interest on US$30,000 from January 1999 till date of final payment; and (d) costs." There is much common ground between the parties on the facts which triggered this action. In or around July 1998, the plaintiff company, which is registered under the laws of Germany as a supplier of industrial machinery, sold a plastic machine HBD to the defendant. The parties are agreed tha...