| Fadley Faisal |
THE Court of Appeal dismissed a civil appeal of a Dutch electronics giant against an assessment of damages in a Brunei electronics company’s favour.
Justices Barry Mortimer, Leonard and Burrell said the claim for damages arose out of an application made by Koninklijke Philips Electronics NV for an Anton Piller Order and injunction over 10 years ago on June 10, 2004.
Philips was concerned about alleged copyright infringements in relation to six specific juice blenders sold by AIFA Sdn Bhd in Brunei.
On July 27, 2004 AIFA applied to strike out the Anton Piller Order and discharge the injunction.
On March 15, 2005 the application was granted and an inquiry into damages pursuant to Philips’ undertaking was made at the time of the ex-parte order was initiated.
The Court of Appeal decided that it was satisfactory that the Senior Registrar’s final figure was somewhat generous, however, there was no grounds found upon which it would be proper to amend, adjust or reassess.
The Justices also made no alteration to the award of $4,040 for additional costs of promotions and advertising as there were no grounds to interfere.
An order was made by the Justices on the costs of appeal.
The Justices ordered “the cost of the appeal will be to the respondent AIFA Sdn Bhd to be taken if not agreed”.
Philips was represented by Hajah Feridahanam Abang Hj Zen whilst AIFA was represented by Lim Boon Khai and Lim Rui.