KOTRA PHARMA (M) SDN. BHD. v LAU TIAN THYE B/S FARMASI MEGA CARE
7 cases cited
(0 SG, 7 foreign)
Catchwords
Civil Procedure — Summary judgment — Application under O 14 Rules of Court 2012 — Evidential threshold — Whether defendant raised bona fide triable issue — Bare denials and speculative allegations — Absence of documentary proof — When summary judgment appropriate Intellectual Property — Trade marks — Infringement — Passing off — Counterfeit pharmaceutical products — Registered proprietor — Defendant licensed pharmacist — Duty to ensure authenticity of goods — Absence of statutory defence under Trade Marks Act 2019 Evidence — Affidavit evidence — Quality of defence — Assessment of triable issues — Distinction between credibility and evidential sufficiency — Court entitled to reject inherently improbable explanations Damages — Inquiry as to damages — Aggravated and exemplary damages — Whether appropriate to defer entitlement — Costs to be determined at assessment
Practice Areas
Judges (1)
Counsel (5)
Case Significance
KOTRA PHARMA (M) SDN. BHD. v LAU TIAN THYE B/S FARMASI MEGA CARE is a High Court (Mahkamah Tinggi) decision dated December 21, 2025 (citation: ta-22ip-1-05-2025). The case was decided by Yusrin Faidz bin Yusoff.
Key issues: Damages — Inquiry as to damages — Aggravated and exemplary damages — Whether appropriate to defer entitlement — Costs to be determined at assessment.
What was the outcome of KOTRA PHARMA (M) SDN. BHD. v LAU TIAN THYE B/S FARMASI MEGA CARE?
KOTRA PHARMA (M) SDN. BHD. v LAU TIAN THYE B/S FARMASI MEGA CARE is a High Court decision dated December 21, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Statutes Cited
Rules of Court 2012
Cases Cited (7)
MY (7)
[1985] 2 MLJ 225 [1992] 1 MLJ 400 [1995] 1 CLJ 609 [2006] 2 MLJ 685 [2006] 7 CLJ 557 [2008] 7 CLJ 413 [2016] 11 MLJ 812
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-22ip-1-05-2025)