JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] In this judgment, we delve into the Plaintiffs application in Encl 161, seeking a protective and sealing order to shield commercially sensitive and confidential information from being publicly disclosed during the assessment of damages. The Defendant, standing in opposition, champions the cause of full disclosure, asserting its indispensability for a fair trial. The court, the arbiter of this contest, must now walk a tightrope, balancing the need for confidentiality, a closely guarded treasure, with the transparency that is the lifeblood of a just legal system.

Background Facts

[2] Pursuant to a full trial, my learned brother Azlan bin Sulaiman JC has allowed the Plaintiffs copyright infringement claim against the Defendant. The key question during trial revolves around the Plaintiff's copyright in their New Delac curtain track design; wherein this court found that the Defendant's Yokita curtain track design infringes the Plaintiff's New Delac track design. The Judgment of my learned brother dated 21 September 2022 includes the Plaintiffs relief for damages to be assessed; wherein a Notice for Direction for assessment of damages pursuant