EXELLE MEDICAL SDN. BHD. v 1. ) MK MEDILANCE SDN. BHD. 2. ) INTERMEDECO SDN. BHD. 3. ) CHIN KEH JOO
Catchwords
Contract – Formation – Implied contract – Sub-distribution agreement – Existence of binding agreement – Whether formed by conduct and correspondence – Letter of intent, appointment emails and letters of authorisation – Parties conducting themselves as distributor and sub-distributor over extended period – Whether agreement could be implied from facts – Termination – Reasonable notice – Implied term – Whether terminable on reasonable notice – Immediate termination without notice – Whether repudiatory breach – What constitutes reasonable notice – Factors considered – Duration of relationship, remaining term of customer contracts, need for orderly handover. Tort – Conspiracy to injure – Unlawful means conspiracy – Elements to prove – Combination, intention to injure, unlawful acts, resultant loss – Suspicious sequence of events insufficient – Evidence falling short of proving concerted agreement on balance of probabilities – Distinction between commercial opportunism and targeted conspiracy Company Law – Lifting corporate veil – When applicable – Fraud or impropriety required – Unity of interest and control insufficient without finding of fraud – Dominant figure controlling related companies – Corporate separateness upheld – Claim against third defendant personally dismissed Damages – General damages – Assessment – Loss of distributorship asset – Basis of quantification – Business-value approach – Annual profit multiplier method – Use of audited financial statements – Average annual profit considered – Aggravating factors justifying enhanced award – Established track record, high barrier to entry, abrupt termination – Special damages – Strict proof required – Failure to substantiate with documentary evidence. Evidence – Adverse inference– Failure to call material witnesses – Director of second defendant and executive director of first defendant – Inference that evidence would not support defendants’ case – Inference strengthening plaintiff’s case on termination and inter-company relationship – Evidence Act, s.114(g). Limitation – Laches – Equitable defence – Whether applicable where statutory limitation period not expired – Suit filed within six-year limitation period – Delay of seven months not unreasonable – Defence rejected – Limitation Act 1953, s.6(1)(a).
Practice Areas
Judges (1)
Case Significance
EXELLE MEDICAL SDN. BHD. v 1. ) MK MEDILANCE SDN. BHD. 2. ) INTERMEDECO SDN. ... is a High Court (Mahkamah Tinggi) decision dated November 9, 2025 (citation: wa-22ncc-785-10-2023). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of EXELLE MEDICAL SDN. BHD. v 1. ) MK MEDILANCE SDN. BHD. 2. ) INTERMEDECO SDN. ...?
EXELLE MEDICAL SDN. BHD. v 1. ) MK MEDILANCE SDN. BHD. 2. ) INTERMEDECO SDN. ... is a High Court decision dated November 9, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-785-10-2023)