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HIGH COURT MALAYA KUALA LUMPUR
LEONG HIN ENTERPRISE – Appellant
Versus
CHEVRON MALAYSIA LIMITED – Respondent
| Table of Content |
|---|
| 1. facts leading to the lawsuit. (Para 1 , 2 , 30) |
| 2. background facts establish the legal dispute. (Para 3 , 5) |
| 3. final conclusion and order of court established. (Para 4 , 146) |
| 4. claims for damages and their nature analyzed. (Para 41 , 47) |
| 5. court reviews prior decisions impacting the case. (Para 54 , 55) |
| 6. findings on liability and damages awarded. (Para 109 , 110 , 145) |
| 7. court's analysis of the arguments presented. (Para 143 , 144) |
| 8. court's criteria for damages highlighted. (Para 151 , 153) |
[1] Below are the background facts, which led to the filing of this suit by the plaintiff.
[2] In 8 February 1990, a firm known as Leong Hin Enterprise ("LHE"), which is the predecessor of the plaintiff, and which is wholly owned by Dato' Ong Pee Leong ("Dato' Ong") was registered.
[3] For the past 20 (twenty years), Dato' Ong was doing business with the defendant through LHE, which, solely, sold the defendant's petroleum based products and lubricants under the 'Caltex' brand ("the defendant's products") until Dato' Ong became well known as "Caltex Ong".
[4] On 14 September 2006, the plaintiff was incorporated with a high paid up capital of RM 500,000.00. According to Dato' Ong,
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