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2019 MarsdenLR 1880

HIGH COURT MALAYA KUALA LUMPUR
KINGTIME INTERNATIONAL LTD & ANOR – Appellant
Versus
PETROFAC E & C SDN BHD – Respondent


Petitioner Advocates:C Sri Kumar,Janini Rajeswaran,Lim Wei Jiet ,Respondent Advocate: Choon Hon Leng,Leong Ooi Ling,Goh Chan Yit

[2] The defendant has appealed to the Court of Appeal against the High Court's Decision (defendant's Appeal). At the time of the preparation of this judgment, the defendant's Appeal is still pending.

[3] Regarding relief for Patent Infringement, the 1st plaintiff has elected to take an account of all the profits made by the defendant from the Patent Infringement (Account of Profits).

[4] For the purpose of Account of Profits, the 1st plaintiff has filed an application (encl 176) for the discovery of, among others, the following documents by the defendant:

(1) contract documents between the defendant and Petronas Carigali Sdn Bhd (Petronas) for the "Mobile Offshore Production Unit" of "Sepat Project" (Project);

(2) documents between the defendant and its sub-contractors, suppliers and consultants for the Project; and

(3) the defendant's income statements and transfer pricing documents regarding the Project.

B. Issues

[5] Enclosure 176 raises the following two questions:

(1) after deciding on the liability of parties after a trial, does the Court have power under O 24 rr 3(1) and 7(1) of the Rules of 2012 (RC) to order discovery of documents in aid of the Account of Profits (Post-Trial Disc

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