Back
FEDERAL COURT PUTRAJAYA
GS GILL SDN BHD – Appellant
Versus
DESCENTE LTD – Respondent
| Table of Content |
|---|
| 1. appeal details explained. (Para 1) |
| 2. defendant's issues with product licensing and export restrictions. (Para 2 , 3 , 4) |
| 3. arguments about the assessment of damages post-anton piller. (Para 5 , 6) |
| 4. determination of whether the transaction constituted an export. (Para 7 , 8 , 9 , 10) |
| 5. nature of transactions analyzed under the law. (Para 11 , 12 , 14 , 15) |
| 6. determining factors that constituted an export sale according to the agreement. (Para 24 , 25) |
| 7. discretion of the judge in awarding damages. (Para 30) |
| 8. discretion of the trial judge regarding damages inquiry. (Para 32 , 34) |
| 9. final dismissal of the appeal with costs to the plaintiff. (Para 36) |
[1] This appeal is by the defendant who is dissatisfied with the decision of the Court of Appeal in dismissing its appeal against the decision of the trial judge who allowed the plaintiff's claim and dismissed the defendant's counterclaim.
Facts
[2] The facts of this case are rather straightforward and comprehensively described by the Court of Appeal which we append below:
The defendant is a well known sports goods retailer. It sells all sorts of sports apparel as well. There is a range of sports apparel under the name of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
