JUDGMENT

Haidar Mohd Noor J:

PT Sampoerna JL Sdn. Bhd. (the intervener/proposed respondent) filed a summons-in-chambers in this originating summons on 17 December 1996 (Encl. 9) for the following orders:

(1) that leave of this Honourable Court be granted to the intervener to intervene in this action and that the intervener be joined as the respondent to this action;

(2) that Order obtained herein dated 13 November 1996 be set aside;

(3) alternative to prayer (2), that Order dated 13 November 1996 be varied to the effect that PT Sampoerna JL Sdn. Bhd. be permitted to manufacture cigarettes bearing the trade mark "JET" and a lion head device with wings as represented in schedule B to the said Order dated 13 November 1996, for purposes of export;

(4) that the applicant be ordered to pay damages to PT Sampoerna JL Sdn. Bhd. and that an assessment of damages be conducted by the Deputy Registrar;

(5) that the entry of registered trade mark no. 87/03950 for the word "JET" and a lion head device with wings in Class 34 on the Register of Trade Marks be rectified by expunging the said registered trade mark no. 87/03950 and all entries pertaining thereto from the Register of Trade Marks,