JUDGMENT

Mairin Idang @ Martin JC:

[1] The learned High Court Judge, Douglas Cristo Primus Sikayun ("the LHCJ") in his grounds of decision dated 11 September 2014, held as follows:

a) Due to the misrepresentation made by Fisys Consultancy, the effect would be that PI System's businesses would now be dealt with by Fisys Consultancy;

b) PI System had also proved that due to misrepresentation by the defendants, PI system had suffered losses in its business;

c) The LHCJ also in agreement with learned counsel for PI System that PI System had proved its cause of action for passing-off against the defendants;

d) It was proven that the false statement of misrepresentation was made by the defendants as trader in the cause of trade/business for the interest and benefit of business in favour of the Defendants. The false statement was also made to the PI System's customers, prospective customers or ultimate's customers of goods or services of PI System. PI System had also proved that the false statement had injured its goodwill or business and had caused damage to its business or goodwill;

e) It has to be highlighted that Mr Ching had clearly committed misconduct when he authorised Fisys Consultancy