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HIGH COURT MALAYA KUALA LUMPUR
BEI JING BAO SHU TANG SCI-TECH PHARMACEUTICAL CO LTD – Appellant
Versus
BAN KAH CHAI SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. company bjbst initiated actions against other companies for trademark infringement. (Para 4 , 5) |
| 2. yantai filed a combined application to set aside the judgment. (Para 12 , 13) |
| 3. dismissal of yantai's counterclaim and assessment of absence. (Para 14) |
| 4. counsel for both parties articulated positions regarding absence at trial. (Para 16 , 17 , 19 , 20) |
| 5. arguments concerning punctuality and merits of the application. (Para 18) |
| 6. legal frameworks for setting aside judgment. (Para 21 , 22) |
| 7. court assessed the validity of application to challenge the judgment. (Para 24 , 25) |
| 8. the court's analysis and final ruling on absence justifications. (Para 26) |
[1] This is an application to set aside an ex parte trial judgment.
[2] The applicant ("Yantai") is a company incorporated in the Peoples Republic of China which is the 3rd plaintiff (By Counterclaim) in the action.
[3] The respondent ("BJBST") is also a company incorporated in the Peoples Republic of China which is the plaintiff (By Original Action) and 1st defendant (By Counterclaim) in the action.
Background Facts
[4] On 9 September 2016, BJBST initiated the action against two defendants (By Original Action) ("BKC" and "Ph
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