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2017 MarsdenLR 1965

HIGH COURT MALAYA KUALA LUMPUR
XCESS NETWORKS (M) SDN BHD – Appellant
Versus
HUAWEI TECHNOLOGIES (M) SDN BHD – Respondent


[1] These are my grounds of judgment in respect of the Plaintiff's (encl 21) and the Defendant's (encl 31) appeals respectively to judge in chambers against the order to the learned Deputy Registrar.

[2] On the Plaintiff's application for assessment of damages, the learned Deputy Registrar in his decision delivered on 17 February 2017 ordered that the Defendant pay the Plaintiff nominal damages in the sum of RM10,000 together with cost of RM1,500.

[3] Both the Plaintiff and the Defendant were dissatisfied with the decision and appealed to judge in chambers vide encl 21 and encl 31 respectively. I heard both enclosures together. Having found merit in the Plaintiff's appeal in encl 21, I allowed the Plaintiff's appeal and awarded general damages of USD24,454.20 to the Plaintiff with costs of RM5,000. I did not find any merit in the Defendant's appeal in encl 31 and accordingly dismissed the Defendant's appeal with no order as to cost.

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