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2025 MarsdenLR 400

HIGH COURT MALAYA GEORGETOWN
CERAMTEC INNOVATIVE CERAMIC ENGINEERING (M) SDN BHD – Appellant
Versus
ICONIC MEDICARE SDN BHD – Respondent


Petitioner Advocates:Venkateswara Kandasamy,Joseph Mathews P.M Mathews ,Respondent Advocate: Parameswaran Subramaniam,Navaratnam Ponnampalam

JUDGMENT

Anand Ponnudurai J:

Introduction

[1] This is yet another case involving an alleged breach of contract between two companies with both alleging to have suffered loss and damage arising from each other's breach/conduct.

[2] I will in this judgment set out the salient background facts, the parties' respective contentions as well as my analysis of the same based on the available evidence before me in determining if the Plaintiff's claim and conversely the Defendant's counterclaim are with merits.

Background Facts And Chronology Of Events

[3] The Plaintiff is a manufacturer and supplier of Ceramic Formers that are used in the manufacturing of, inter alia, disposable medical grade gloves.

[4] The Defendant is a company that, in 2020, ventured into the business of manufacturing Personal Protective Equipment (PPE), such as face masks, medical-grade rubber gloves, and rapid test kits for testing coronavirus.

[5] On 16 December 2020, the Plaintiff's sales team led by its managing director, Mr G. Ravichandran (hereinafter referred to as "Mr.Ravi") met with Dato' Tan, representative of the Defendant at the Defendant's office to discuss the purchase of 366,000 pieces of 'Ceramic Formers' (here


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