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2022 MarsdenLR 882

HIGH COURT MALAYA KUALA LUMPUR
ASIA COSMETICS ENTERPRISE COMPANY LIMITED – Appellant
Versus
MISSISSIPPI GLOBAL SDN BHD – Respondent


Petitioner Advocates:Chew Pei Ying,Joel Lim Phan Hong,Carmen Yen Pei Ying,Jessy Lai Jie Xi ,Respondent Advocate: Ou Yong Koh Beng

JUDGMENT

Ong Chee Kwan JC:

[1] This judgment deals with a claim based on deceit and or fraudulent misrepresentation leading to the purchase of various beauty products which turned out to be products not manufactured by the brand owners. As a result, the Plaintiff sustained losses and damages.

Background Facts

[2] At all material times, the Plaintiff is a company incorporated under the laws of Hong Kong in the business of providing beauty products for about 45 years. The Defendant is a company incorporated under the laws of Malaysia in the business of wholesale of perfumeries, cosmetics, soap and toiletries.

[3] Since May 2019, the Defendant had through its representative, one Miss Rosa, approached the Plaintiff to offer beauty products for sale. At all material times, the Plaintiff's Managing Director one Miss Elly Tong and its Business Manager, one Miss Donna Tam ('PW2') were liaising with Miss Rosa only.

[4] It is the Plaintiff's case that Miss Rosa had represented to Miss Elly Tong that the beauty products supplied by the Defendant were genuine products sourced from the brand owners and or from authorised sources. In particular, Miss Rosa had forwarded to Miss Elly Tong and PW2 redact


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