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.