Client in Mexico did not receive goods, court told


PENANG: A director of a garment distributor from Hong Kong told a High Court here that his customer in Mexico never received RM709,488.63 worth of goods that he sent through shipping giant P&O Nedllyod M.A. Sdn Bhd. 

Chief Planner Garment Ltd director Ho Chi Keung told the court yesterday that he felt cheated and frustrated over the whole episode, which happened four years ago. 

“I felt that using the services of a reputed carrier would ensure that my goods were delivered to my customer in Mexico. After trying hard, I was able to break through the Mexican market but I have lost it now,” he said. 

Ho said he even “went over and above” to mitigate the losses by finding a Hong Kong customer but P&O Nedllyod M.A. failed to locate the goods and he lost that customer as well, and was about to face a legal suit. 

He was testifying in a suit for breach of contract filed by his shipping agent, Penang-based Wan Yang Distribution (M) Sdn Bhd, against P&O Nedllyod M.A. 

According to its statement of claim dated July 8, 2004, plaintiff Wan Yang Distribution was appointed by Chief Planner Garment to ship out the goods, mainly children’s clothing, to buyer Infantiles Los Pingos in Manzanillo, Mexico. 

The plaintiff said it paid the defendant RM23,344.23 for the shipping and container services in July 2003 but was told by its agent in Mexico on Sept 9 that year that the customer's goods did not arrive. 

The plaintiff is seeking RM709,488.63 being the value of the goods, RM23,344.23 being the payment for services, and RM82,615.23being the claim by the alternate buyer in Hong Kong for losses suffered because of non-delivery of the goods, interest, cost and other relief. 

In its defence, the defendant denied breach of contract and averred that the plaintiffs' goods arrived safely at its destination on Aug 22, 2003. 

It also challenged the total and value of the goods shipped, as the bill of lading only described the goods as 749 packages weighing 12,150kg in one container and 260 packages weighing 6,240kg in another container. 

Hearing before Judicial Commissioner John Loius O’Hara continues today with cross-examination by defendant's counsel Felix Dorairaj. The plaintiff was represented by V. Jeevaretnam and J. Shamesh.  

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