JUDGMENT

[1] On 10 October 2017, we heard and unanimously allowed this appeal. We set aside the order of the Court of Appeal dated 19 May 2014 and restored the order of Douglas Cristo Primus Sikayun JC, as he then was, dated 18 September 2013. We now give our reasons for our decision.

[2] Yung Chen Wood Industries Sdn Bhd (hereinafter referred to as the plaintiff) sued Scott & English (M) Sdn Bhd (hereinafter referred to as the defendant) for breach of contract and conditions and warranties arising from the sale of two generator sets by the defendant to the plaintiff, and prayed, in its amended statement of claim, for the following reliefs:

(i) an order that the defendant repay to the plaintiff a sum of [RM264,000] and damages for diesel oil consumption for having to operate other generator sets to make up the power deficit of the generator sets for the duration of the life span of the two generator sets;

(ii) further or in the alternative, for an order that the defendant do within one month from the date of judgment, replace the two generators sets with two brand new generator sets of similar make and specifications capable of actually performing up to a power rating of 1000kw each and install and set up in running conditions the same at the plaintiff's factory at Seguntor, at the defendant's own costs inclusive of all incidental costs;