[1] The proceedings before the High Court were bifurcated with the direction that in the event of a finding of liability in favour of the appellant who was the plaintiff at the High Court, the assessment of damages would be conducted by the Registrar. After a full trial, the learned judge dismissed the claim; hence the appeal.

[2] Upon hearing respective counsel and upon careful consideration of their written and oral submissions together with the records of appeal, we unanimously allowed the appeal. These are our reasons in full.

Factual Matrix

[3] The appellant is in the business of selling, dealing, distributing and marketing orthodontic products manufactured and supplied by Clearpath Trading & Manufacturing & Co ("Principal"), a company incorporated under the laws of the Kingdom of Saudi Arabia. The appellant is in fact the sole and exclusive distributor for the Principals orthodontic products for the region of Malay