LYFEMED MEDICARE (M) SDN BHD v 1. ) PROFESSIONAL LATEX SDN BHD 2. ) XALI PTE LTD 3. ) SENDOR SDN BHD 4. ) TANG KUM HOE

wa-22ncc-74-02-2023 High Court (Mahkamah Tinggi) 23 July 2025 • WA-22NCC-74-02/2023 • 16 min read

Catchwords

Judgment after Full-Trial – Recovering of Deposit sum paid against a party who was never bound by contract – Deposit Sum was not disputed paid directly to the glove manufacturer’s bank account on the instruction of the contracting supplier. Who were the contracting parties to the contract of sale, whether there is a contractual relationship between parties and the corresponding legal obligation to refund the deposit & who owes a duty of care. No evidence to show that Plaintiff had a contractual relationship with the manufacturer – all matters dealing with the orders made by the supplier for the Plaintiff regardless the payment directly been made to the manufacturer – Plaintiff’s claim for cause of action has no merits – neither a trust relationship nor was there a fiduciary relationship created in the circumstances – no duty of care by the manufacturer to the buyer – no evidence to show that the manufacturer had received more that what it was entitled – no unjust enrichment enjoyed by the manufacturer – Plaintiff’s claim is dismissed with costs.

Judges (1)

Ong Chee Kwan Delivered

Counsel (7)

Kelvin Wong, Phang & Associates Firm Tengku Azlina, Rao, Low & Associates Firm GK Ganesan Counsel Plaintiff Goh Kee Seng Counsel Defendant JN Lheela Counsel Plaintiff Pavitha Apparao Counsel Plaintiff Thenish a/l Chandra Keshavan Counsel Plaintiff

Parties (5)

LYFEMED MEDICARE Sdn Bhd Plaintiff PROFESSIONAL LATEX Sdn Bhd Defendant SENDOR Sdn Bhd Defendant XALI PTE LTD Defendant Tang Kum Hoe Defendant

Case Significance

LYFEMED MEDICARE (M) SDN BHD v 1. ) PROFESSIONAL LATEX SDN BHD 2. ) XALI PTE ... is a High Court (Mahkamah Tinggi) decision dated July 23, 2025 (citation: wa-22ncc-74-02-2023). The case was decided by Ong Chee Kwan.

What was the outcome of LYFEMED MEDICARE (M) SDN BHD v 1. ) PROFESSIONAL LATEX SDN BHD 2. ) XALI PTE ...?

LYFEMED MEDICARE (M) SDN BHD v 1. ) PROFESSIONAL LATEX SDN BHD 2. ) XALI PTE ... is a High Court decision dated July 23, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-74-02-2023)