Introduction

[1] The Plaintiff's claim arises from an exclusive distribution agreement entered into with the Defendant for the sale of its medical products. Pursuant to the agreement, the Plaintiff supplied goods to the Defendant but failed to receive payment of RM311,371.25, being the value of goods supplied. Hence, the present suit.

[2] The Defendant in its defence denies its liability to pay the amount claimed claims as the Plaintiff had breached its obligations under the agreement. In addition, the Defendant claims the directors of the Plaintiff had made misrepresentations which were both negligent and fraudulent pertaining to its products for which it seeks a counterclaim against the Plaintiff.

The Case For The Plaintiff

[3] The Plaintiff is a locally incorporated company. It is in the business of manufacturing examination gloves, non-woven medical products, face mask and other related products. It is also a wholesaler, dealer, retailer, exporter for all kinds of rubber and plastic products manufactured by the Plaintiff. It had been in this business for about 23 years.

[4] On 3 May 2016 the parties entered into an agreement referred to as Exclusive Distributo