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2005 MarsdenLR 1990

HIGH COURT MALAYA SHAH ALAM
SME AEROSPACE SDN BHD – Appellant
Versus
STEYR MANNLICHER (M) SDN BHD – Respondent


Petitioner Advocates:Gideon Tan Razali Zaini ,Respondent Advocate: Sivanathan

JUDGMENT

Rosnaini Saub JC:

[1] The plaintiff has, simultaneously with the filing of the writ of summons and statement of claim against the defendant, filed a summons-in-chambers dated 17 May 2005 supported by an affidavit of Lt Kol (R) Ahmad Marzuki Ahmad Nawawi, the general manager of the Precision Engineering Division of the plaintiff. The plaintiff is in the business of producing and manufacturing firearms and ammunition.

[2] The defendant is a joint-venture company set-up and incorporated in Malaysia under the Companies Act 1960 pursuant to a joint-venture agreement between National Aerospace & defence Industries Berhad ("NADI"), a local company, and Steyr Mannlicher Holding GMBH ("Steyr"), a company incorporated in Austria. Steyr is a company that manufactures small arms under the Sfeyr Mannlicher trademark, NADI is the majority shareholder of the plaintiff.

[3] By this summons in chambers, the plaintiff is praying for the following orders:-

a. that the defendant, whether through its employees, servants, agents or otherwise howsoever, be restrained from locking the one-storey factory ("the property") situated at Lot 14643 PT1952, Mukim of Sungai Buluh, District of Petaling Jaya, St

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