JUDGMENT

(Plaintiff's Application For Assessment Of Damages)

Mohd Arief Emran Arifin J:

A. Introduction

[1] This Court had earlier allowed the Plaintiff's claim and directed that the damages be assessed.

[2] For the purposes of this application, I reproduce relevant parts of the Grounds of the Decision of the Mohd Radzi bin Harun J that was delivered on 7 June 2023. The judgment of Justice Mohd Radzi bin Harun has since been confirmed by the Court of Appeal:

[78] This Court found that the Defendant's reliance on the case of Chuah Aik King is misplaced, as the facts here and the facts in that case can be distinguished in the following manner:

(i) the event of the raid is not disputed;

(ii) the Defendant's own witnesses have admitted to all the relevant facts pertaining to the raid;

(iii) even putting aside the raid, the Defendant's infringing acts are already established by the Defendant's own evidence and admissions of designs and sales as follows:

a) the disputed designs fall under the collections named "Alaaina Instant Shawl"‌ and "Noura Printed Shawl"‌, and stock code being 15410054 or 15410055 33;

b) the Defendant sold RM524.000 worth of units of shawls/tudungs comprising the Infrin