SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 MarsdenLR 930

HIGH COURT MALAYA KUALA LUMPUR
PENTAMASTER INSTRUMENTATION SDN BHD – Appellant
Versus
QAV TECHNOLOGIES SDN BHD & ORS – Respondent


Table of Content
1. court's issues and powers regarding ex parte orders. (Para 1)
2. facts surrounding the patent registrations and claimed infringements. (Para 2 , 3 , 4 , 5 , 6)
A. Issues

[1] This judgment discusses the following questions:

1) when the plaintiff company (the plaintiff) has obtained an:

(a) ex parteAnton Piller order (APO) and

(b) an ex parte interlocutory injunction

(Ex Parte Orders) against the 1st defendant company (the 1st defendant), whether the court has the power to grant:

(i) an ad interim APO and

(ii) an ad interim injunction

- pending the disposal of the plaintiff's inter partes application for an APO and an interlocutory injunction;

2) whether the plaintiff can apply for an inter partes APO and an inter partes interlocutory injunction against the 2nd defendant company (2nd defendant), the 3rd defendant company (the 3rd defendant) and the 4th defendant company (the 4th defendant) by merely filing an affidavit affirmed by the plaintiff's learned counsel;

3) whether the court should set aside the Ex Parte Orders on the ground that the plaintiff had failed to disclose material facts to the court. In this regard, did the plaintiff have a duty to inquire regarding the com

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top