ENCLOSURE:

IN THE HIGH COURT AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA
CIVIL SUIT NO. S6-22-252 OF 2016

BETWEEN
ISUME CO PTE LTD
(COMPANY NO: 5944-H)

PLAINTIFF
AND

HO SHING CONSTRUCTION CO PTE LTD

(COMPANY NO: 9931-J)

DEFENDANT

WITNESS STATEMENT

DW3: WONG XAO FI

1.

2.

3.

Q:

Please state your name to the court.

A:

My name is Wong Xao Fi

Q:

Can you please tell the court your age and your IC number?

A:

762910-10-7359 and I am 40 years old.

Q:

What is your occupation?

A:

I am a senior engineer at Daihatsi Sdn Bhd. I was assigned to primarily deal with
heavy machineries.

4.

Q:

How long have you been working as a senior mechanic?

A:

I started my career at Daihatsi Sdn Bhd in 2001 and I have been in charge of
heavy machineries since 2003.

5.

Q:

Do you know why youre here today?

A:

I am here on behalf of the defendant, Ho Shing Construction Pte Ltd, to give

evidence.

6.

7.

8.

9.

Q:

What relationship do you have with the Defendant?

A:

I have been engaged by the Defendant to make repairs to their machineries.

Q:

When was the last time the Defendant asked you and your company for service?

A:

On 30th August 2015.

Q:

What service did you have to provide?

A:

I was engaged to inspect and repair an MHZ Bulldozer by the Defendant.

Q: When inspecting and fixing the bulldozer, were you able to ascertain the cause of the
breakdown of the Bulldozer?

10.

A:

Yes.

Q:

Can you explain to this court why the bulldozer broke down?

A:

The defect of the MHZ bulldozer, specifically in its earth-moving function and its

inability to operate longer than a number of hours every day, is found in the engine of the
bulldozer. The engine of the bulldozer was found to be blowing oil out of the exhaust to
such an extent that is beyond ordinary circumstances. This is only caused by the
excessive usage of oil by the engine. Excessive use of oil by the engine definitely causes
the breakdown of the bulldozer in various parts which, as in this bulldozers case,
involves water entering the base of the engine, the earth moving part having difficulties in
moving, the steering clutch being randomly unusable and the right break being randomly
unusable.

11.

Q:

How did the engine suddenly increased its usage of oil?

A:

Rings are usually installed to prevent excessive use of the oil. However, if the

excessive use of oil continues, even after the installation of the Rings, this is a definite
sign of that the sheaf, which is part of the motor, and the piston of the bulldozer are worn
out.
12.

Q:

How would an owner of the bulldozer be able to prevent this problem from

happening?
A:

Normally, the wearing out of the sheaf and piston are avoided through regular

check-up that bulldozers are normally sent to.

13.

Q:

So would you agree that if the owner of the bulldozer didnt send the bulldozer

for a repair or an inspection for a very long time before the owner sent the bulldozer to
you, the owner would be at fault for this problem?

14.

A:

Yes.

Q:

If an owner did send the bulldozer to an engineer to have it inspected and

repaired, but the same problem happened after, would it still be the fault of the owner?

15.

A:

No.

Q:

Why?

A:

Considering how important the sheaf and the pistons are to the engine, it is one of

the parts that mechanics always prioritize to check and change.

16.

Q:

In your opinion, would an engineer be able to choose not to replace the sheaf and

pistons if he wasnt asked to by the owner?

A:

That depends. If there is a contract involved, then you have to look at the thing

that was agreed to be looked at on the bulldozer. If, for example, the engineer is asked to
fix something that has very little to do the engine, especially in cases where the inner
compartment of the bulldozer doesnt even need to be open, then the bulldozer is not
obliged to considering he only has to adhere strictly to the contract.

17.

Q:

What if the contract is for the repair of an engine?

A:

Then, a reasonable engineer would replace the sheaf and the pistons even if the

only the engine per se needs to be repaired.

18.

Q:

Why?

A:

Because any engineer would be able to see the sheaf and the piston which is close

to the engine and tell that its worn out. If its worn out, any reasonable engineer would be
able to tell that there is very little point to fixing the engine if the sheaf and the piston are
left not replace which will cause the engine to breakdown anyway.
19.

20.

21.

Q:

So any reasonable engineer would replace them anyway?

A:

If he is engage to fix the engine, yes.

Q:

Were you able to be certain of how long were the sheaf and pistons worn out?

A:

Yes. Three month.

Q:

So would you agree that if this bulldozer is sent to an engineer within three

months before the bulldozer was sent to you, but its sheaf and pistons were not replaced
which caused the engine problem, the engineer that last looked at the bulldozers did not
practice his skills with due diligence that is expected of a reasonable engineer?

22.

A:

Yes.

Q:

So what did you have to do to fix the bulldozer?

A:

The repairs that we provided for the engine are overhauling the engine and

replacing the sheaf, pistons and rings.

23.

21.

Q:

What was the cost of the repairs that you did?

A:

RM 115,000.00

Q:

Is that excessive?

A:

No.

22.

Q:

And there is no absolute way for the cost to be lower than what you stated?

A:

The repairs that we provided for the engine are the only repairs that can be made

in order for the engine to function normally. The engine, sheaf, piston and rings that we
installed into the bulldozers are at market value which is at RM 40,000.00, RM
10,000.00, RM10,000.00 and RM 10,000.00 respectively. If we lowered the cost
anymore, our company would suffer loss.

Affirmed by the said

WONG XAO FI
NRIC: 762910-10-7359
Sworn on the
day of
At
(Interpretation is not required)

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Before me,

..
Commissioner for Oath

This WITNESS STATEMENT is filed by Messrs. Izzat Arif & Partners, Solicitors for the
Defendant, whose registered address is at Suite 1, AL 529, Academic Building 2, Faculty of Law,
Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.
(Ref. No.: IAP/SJ/201610/04)