A three-member bench chaired by Justice Azhahari Kamal Ramli said the High Court, in upholding the sessions court’s ruling, committed no appealable error warranting appellate intervention.

“The appellant did not plead liability and, as such, the appeal is devoid of merit,” he said in dismissing the final appeal brought by Johor Bahru-based car dealer Auto Lumina Sdn Bhd.

Azhahari, who sat with Justices Ismail Brahim and K Muniandy, also ordered the company to pay RM30,000 in costs to Karl-Anton Droxner.

In early 2023, the sessions court in Johor Bahru allowed Droxner’s suit after his sport utility vehicle (SUV) developed several defects within the three-year manufacturer’s warranty period and the additional two-year extended warranty period.

The trial judge awarded Droxner RM50,000 in damages against Auto Lumina for the hardship, inconvenience, frustration, and sense of insecurity caused while using the Ford Kuga.

The court held that the defects and malfunctions affecting the SUV amounted to a breach of warranty, entitling the owner to compensation.

Droxner purchased the Ford Kuga for RM156,745.50 from Auto Lumina in Johor Jaya on Dec 10, 2013.

He paid a deposit of RM61,413, while the remaining RM95,332.50 was financed by a bank. He settled the loan two years later.

Droxner contended that the SUV was not of merchantable quality and was unfit for use on the road.

He said the vehicle had suffered repeated electrical and mechanical problems from the time it was delivered on Boxing Day in 2013.

On one occasion, Droxner said he was placed in a dangerous situation when the car’s wiper blades collided and flew off during heavy rain.

Lawyers Johanan A Puthucheary and Alex Ho appeared for Droxner, while Izaac Izzuddin Izhar and Norsuryati Abdul Karim represented Auto Lumina.