Wan Adnan J:

The applicant, Tohtonku Sendirian Bhd. is the registered proprietor of the trade mark`MISTER'. By the notice of motion in Origination Motion No. 32-48-1988 the applicant had applied for an order pursuant to s. 16 of the Trade Descriptions Act 1972. The application was made and heard ex parte . The order in terms of the application was granted on 5 October 1988.

By the summons dated 7 December 1988 Superace (M) Sdn. Bhd., the intervener, had applied to the Court for the following orders:

1. Leave of this Honourable Court be granted to the intervener to intervene in this action and that the intervener be the respondent in this motion.

2. The order obtained on 5 October 1988 be set aside, rescinded or varied as this Honourable Court deems fit and proper.

3. That an injunction be granted against the applicant, its agents, servants or otherwise from harassing, interfering, obstructing or restraining the intervener and its customers from exercising its rights and freedom of trade or business.

4. The applicant pay damages to the intervener and the assessment of damages be taken from the Senior Assistant Registrar or as directed by this Honourable Court.

5. The applicant pay