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2024 MarsdenLR 315

HIGH COURT MALAYA MUAR
ASIA FARMS NETWORK SDN BHD – Appellant
Versus
UK FARMING SDN BHD – Respondent


Petitioner Advocates:Randy Chew Beng Han,Muhammad Badran Adha Sabaruddin ,Respondent Advocate: Jane M Pragasam,Marianne Sonia Paul Philip

JUDGMENT

Suria Kumar DJ Paul JC:

Introduction

[1] The dispute herein concerns the distributorship of goat's milk produced by the Defendant.

[2] Plaintiff claims they were appointed as sole and exclusive distributors by the Defendant.

[3] Whereas Defendant says Plaintiff is only an agent to distribute.

Background Facts

[4] The Defendant owns a goat farm and is involved in the business of producing goat's milk and other related products.

[5] They have been in the business of milking and selling goat's milk for delivery, selling in Shopee and exporting to Singapore for the past eighteen (18) years.

[6] Defendant's products are packed and distributed to their agents or suppliers to distribute to supermarkets, shops, retailers and other end users.

[7] Dr Tan I-Lene ("PW1"), one of the Plaintiff's directors has known Mr Goh Un Keng, a director of the Defendant ("DW1") since 2007. PW1 got acquainted with DW1 during her varsity years while being involved in a project at the Defendant's farm that provided PW1 with an insight into the Defendant's goat's milk business.

[8] PW1 maintained intermittent contact with DW1 and some years later, expressed an interest to DW1 in distributing the Defendant's prod


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