1. ) LYFEMED MEDICARE (M) SDN BHD 2. ) FERDI GROUP SDN BHD 3. ) Rahiya Binti Kunji Moidin Kutty v ITS TESTING SERVICES (M) SDN BHD

wa-22ncvc-572-10-2023 High Court (Mahkamah Tinggi) 21 May 2025 • WA-22NCvC-572-10/2023 • 9 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Order 12 Rule 10 Rules of Court 2012 – Application to set aside writ – Alleged jurisdiction clause of English law and English Courts – Jurisdiction clause raised in earlier striking-out application that has been dismissed – whether res judicata – Whether Jurisdiction clause was incorporated into the contract between the parties – whether reference to website or portal of a service provider is acceptable – Each case on its own facts – No nexus with England – Services performed in Malaysia – Parties and witnesses are in Malaysia

Judges (1)

Gan Techiong Delivered

Counsel (5)

Gunaseelan & Associates Firm Skrine Firm Joshua Teoh Counsel Defendant Kumaradevan Rajadevan Counsel Plaintiff Teng Wei Hun Counsel Defendant

Parties (4)

FERDI GROUP Sdn Bhd Plaintiff ITS TESTING SERVICES Sdn Bhd Defendant LYFEMED MEDICARE Sdn Bhd Plaintiff Rahiya binti Kunji Moidin Kutty Plaintiff

Case Significance

1. ) LYFEMED MEDICARE (M) SDN BHD 2. ) FERDI GROUP SDN BHD 3. ) Rahiya Binti ... is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: wa-22ncvc-572-10-2023). The case was decided by Gan Techiong.

What was the outcome of 1. ) LYFEMED MEDICARE (M) SDN BHD 2. ) FERDI GROUP SDN BHD 3. ) Rahiya Binti ...?

1. ) LYFEMED MEDICARE (M) SDN BHD 2. ) FERDI GROUP SDN BHD 3. ) Rahiya Binti ... is a High Court decision dated May 21, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (3)

UK (1)

[1972] 3 All ER 158

MY (2)

[1996] 2 MLJ 57 [2021] 7 CLJ 716

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-572-10-2023)