JUDGMENT

Abdul Malik Ishak J:

Enclosure 38

This was a summons in chambers filed by the applicant for the following orders:

(1) That the court to assess both the general and special damages incurred by the applicant including damages for the loss of use of the 'ZIG ZAG' trade mark;

(2) That the respondent to provide a detailed statement of accounts pertaining to the profits which the respondent obtained for the use of the 'ZIG ZAG'

trade mark and those profits be ordered to be paid to the applicant;

(3) That the court to assess other general and special damages incurred by the applicant as a result of the use of the 'ZIG ZAG' trade mark by the respondent;

(4) That the respondent be ordered to pay both the general and special damages as assessed by the court to the applicant.

and it was supported by an affidavit of Fazaruddin bin Ibrahim ("Fazaruddin") as seen in encl. 37. Fazaruddin deposed that affidavit in his capacity as the manager and the owner of a business styled as Perniagaan Fatama with an address at no: 12, Jalan Serampang, Taman Pelangi, 80400 Johor Bahru, and he too deposed the same affidavit in his capacity as the registered proprietor of the 'ZIZ ZAG' trade mark u