4 Oct 2024
Palaniammal d/o Parasuraman 1. ) Swissmed Sdn Bhd 2. ) Oculentis BV PENCELAH Kerajaan Malaysia
- Citation
- WA-22NCvC-672-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-672-10/2020 (Mahkamah Tinggi)
Plaintiffs failed to prove a contractual relationship or direct supply necessary for implied guarantees under ss32/33 CPA; the distributor established that the defect (opacification) was not reasonably discoverable with the state of scientific knowledge prior to 2017 (s72(1)(d) defence), the distributor did not owe or breach a duty of care causally linked to the plaintiffs' vision loss, and there was no basis for breach of contract, misrepresentation or agency liability — claims dismissed with costs.