JUDGMENT

Wong Kian Kheong JC:

(Court Enclosure No 1)

A. Issues

[1] This originating summons (OS) raises the following two novel questions:

(1) whether the Court has the discretionary power under s 41 of the Specific Relief Act 1950 (SRA), and/or its inherent jurisdiction to grant, among others, a "negative declaration" that the plaintiff company's (plaintiff) use in good faith of the plaintiff's own name (Diesel) and "Diesel" trade marks (plaintiff's Diesel Trade Marks) does not infringe the defendant company's (defendant) four registered Diesel trade marks (defendant's Registered Diesel Trade Marks) under s 40(1)(a) of the Trade Marks Act 1976 (TMA); and

(2) if the Court has the discretionary power under s 41 SRA to grant a negative declaration in this case, whether the Court should exercise its discretion to do so in view of the following:

(a) the availability of the remedy under ss 37(a) to (c) read with 45(1)(a) TMA for the plaintiff to apply to Court to expunge the defendant's Registered Diesel Trade Marks from the Register of Trade Marks (Register); and/or

(b) there is unexplained and inordinate delay by the plaintiff in the filing of this OS.

B. Affidavits Filed By Parties

[2] The pl