Vincent Ng J:

Preamble

The plaintiff had filed a writ action (encl. 1) against the defendant praying for, inter alia, injunction, discovery, damages and costs for infringing, attempt to infringe, passing off or attempt to pass off the industrial design no. MY 99-00186 of a table cloth registered in favour of the plaintiff. The plaintiff's claim was vigorously resisted by the defendant on the grounds, inter alia, that the design, pattern and number of curves of the defendant's table cloth is different from plaintiff's registered industrial design (see para. 5 of the defence). Nevertheless, as an interim measure, an interim injunction order was entered into by consent of both parties on 13 June 2001 (the consent order).

This is the plaintiff's application (encl. 47), seeking to cite the defendant for contempt of court for having breached the consent order.

On 21 March 2002, at the request of the solicitors for both parties this court recorded that the parties have unreservedly agreed to submit to the court's determination on encl. 47 based solely on affidavit evidence.

The Consent Interim Injunction Order

The consent order reads:

ADALAH DIPERINTAHKAN SECARA PERSETUJUAN baha