Wearnes Autohaus Sdn Bhd vs STA Architects Sdn Bhd

STA Architects Sdn Bhd purchased a BMW 316i F30-CKD from Wearnes Autohaus Sdn Bhd, an authorized BMW dealer. STA claimed the vehicle was defective and not of merchantable quality, alleging negligent misrepresentation and breach of warranty under Section 8(1)(b) of the Hire Purchase Act 1967. Wearnes applied to strike out the counterclaim, which was dismissed by the Sessions Court. Wearnes appealed to the High Court, which also dismissed the appeal, holding that the issues required a trial and expert testimony.