JUDGMENT

Vernon Ong Lam Kiat JC:

[1] By an assignment dated 12 September 1991 ('the 1st assignment') the 3rd defendant Sin Leong Hang Sdn Bhd ('SLHSB') assigned to Zhong Mei Sdn. Bhd. ('Zhongmei') the full benefit of the application of the trade mark application no. 85/05266 in class 29 for RM1,000. On 15 July 1994 Zhongmei was registered as the proprietor of the Trade Mark No. 85/05266 (Chinese characters and device) in class 29 ('the Trade Mark'). By a deed of assignment dated 15 December 1995 ('the 2nd Assignment') Zhongmei assigned the Trade Mark to Sin Leong Hang Sdn. Bhd.('SLHSB') for RM1,000.

[2] The 1st assignment was signed by the 2nd defendant Seow Ah Mai @ Seow Gek Beng ('Seow') as managing director on behalf of SLHSB (the assignor) and by Ong Eng Kow on behalf of Zhongmei (the assignee). According to a directors' resolution of SLHSB passed on 12 September 1991 the 1st assignment was subject, inter alia, to SLHSB's right to demand for the immediate transfer back of the proprietorship of the Trade Mark for RM1,000. SLHSB's board resolution was signed by Seow, Ong Eng Kow and Ong Eng Chee.

[3] The 2nd assignment was signed by the 1st defendant Chia Hoon Seng ('Chia') a