[1] The respondent, Multi Inrich Sdn Bhd, sued the appellants, inter alia, for a declaration that it had been maliciously prosecuted for an offence under the Trade Descriptions Act 1972 ("the TDA") and for a declaration that the appellants had acted in breach of duty and/or committed negligence in confiscating, seizing, detaining or otherwise unlawfully disposing of its goods and business equipment which were later not used in the criminal trial of the respondent.

[2] The respondent's case was that on 10 July 2009, the 2nd and 3rd appellants, without showing any court order or warrant, entered its premises at Wawasan Plaza and Kompleks Kilang SME and confiscated all its goods and business equipment. The goods and equipment seized were the following:

(i) 4016 bottles of Lactovida Premium 1000ml (with Moringa extract);

(ii) 12 bottles of Lactovida Classic 1000ml;

(iii) 35 gallons of Liquid Gallons;

(iv) 2360 empty plastic bottles;

(v) 23 bundles of Bottle Stickers;

(vi) 1 unit of Laminator Machine Model C-2301-P;

(vii) 1 unit Blower W Bule-Decker Model BHP 1500-2; and (viii) 1 unit of Tape Printer Model Kunba Motor Model YY70-15.

[3] The respondent was later charged in the Sessions court at