30 Jan 2023
CROSS PROTECTION (M) SDN. BHD. IDS MEDICAL SYSTEMS SDN. BHD.
- Citation
- BA-22NCvC-208-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-208-04/2018 (Mahkamah Tinggi)
On the balance of probabilities the court accepted the Plaintiff's documentary and witness evidence rebutting the Defendant's allegations of defective goods, short shelf life and regulatory non-compliance; the court found no contractual obligation to provide sales data; the undated settlement letter constituted an unequivocal admission of liability by the Defendant; clause 8 of the EDA precluded any obligation on the Plaintiff to buy back purchased stock without mutual agreement. Consequently the Plaintiff proved its claim and the Defendant's counterclaim failed.