Imagine entrusting your pride and joy to someone, only to find out (through social media) that the trustee had used the bike without your permission. That alleged unauthorised act has prompted an owner to sue his trustee.

The claim

It all began when the owner, Wee Yang, purchased the Ducati Panigale V4S for RM133,000 cash from a shop on 19 June. As he was overseas at the time, he could not complete the paperwork, thus he appointed a local contact to oversee the insurance process and store the bike.

According to Wee’s sharing on Facebook, he and the trustee had arranged to hold the bike until the former returned in July to collect it personally.

Alleged unauthorised use

However, Wee soon found out that the trustee began using the Panigale V4S without expressed permission or knowledge. In his Facebook posting, he claimed that the caretaker:

• Posted promotional content on social media the day after taking delivery.
• Riding videos were filmed for business pages on Instagram, Xiaohongshu, and Threads.
• The bike was ridden to Desaru, Johor, for leisure trips.
• A homemade license plate was used since the bike had no official registration.
• The bike’s mileage increased from 26,827km to 27,007km.

Motorcycle towed to another location

Upon the discovery of the bike had been “illegally” used, Wee arranged for the motorcycle to be towed to another location.

In a post on 24 June, Wee also said that the trustee had passed only one key to the tow truck operator, only to hand over the other key when the tow truck driver insisted.

Inspection of the bike found that it was covered in dead insects and dust, which Wee insisted that the bike was used on the road and without proper care.

Settlement offer

Wee then offered two options to the trustee to settle the matter:

1. Buy back the bike at the price he paid (RM133,000) and refund the insurance money (RM5,000).
2. Public apology admitting wrongdoing, compensation for extra mileage, and payment for new license plates

Failure to accept the offer meant that Wee would pursue legal action.

Proceeding with legal action

Wee made another posting on 25 June, saying that the trustee had made an apology at 11.52pm, just two minutes after he (Wee) had called his lawyer to proceed with the case.

He stated that he is suing because:

• His property (motorcycle) was used without authorisation for a business-related purpose, which also implicated the shop where the trustee works.
• His property (motorcycle) was used without authorisation by an individual called “Evon Evon,” who is the caretaker’s girlfriend in riding videos and social media posts.

Wee’s lawyer had advised that the second individual could potentially be sued as an accomplice, although he acknowledged that “whether the case will succeed depends on the judge.”

However, Wee also stated that the door is still open for an out-of-court settlement.

Takeaways from this case

There have been several reported cases of workshops or shops staff were found to test or use customers’ vehicles without authorisation—such as using them for personal errands, sharing test-drive videos on social media without permission, or even installing fake license plates if registration was incomplete. In some of these instances, staff members drove customers’ vehicles and were involved in accidents.

Workshop owners can be held liable under Section 403 of the Penal Code for criminal breach of trust.

Based on the writer’s firsthand experience working in a workshop, some customers do insist on thorough test drives to ensure their vehicle issues are fully resolved. However, any test drive MUST be accompanied by:

• Authorisation letter/form signed by the vehicle owner.
• Pre- and post-test mileage records.
• A detailed test report.

As a guideline for vehicle owners, before handing over your vehicle, you should sign a written agreement specifying:

• Permitted use (e.g., “Test drive limited to 20 km”).
• Prohibition on social media sharing.
• List of authorized drivers.
• Take photos of the odometer and vehicle condition.