JUNIOR COUNSEL

Yang Arif, my name is Muhammad Ariff Azam from MAQA

Associates & Co. and I appear as junior counsel for the appellant.

First of all, Is Yang Arif sufficiently familiar with the facts of the
present reclaiming motion?

Before we start with submission, I’m going to list down the material
of facts.

1. In 2015, the appellants company Durian Sdn Bhd started

their business of selling durian-based products with its most
famous product, Inside Durian.
2. In 2019, the respondent’s company De Durian Sdn Bhd
started to produce and market vanilla durian cake called
Dalam Durian which has a different colour and a different
slogan but similar packaging to Durian Sdn Bhd.
3. Since Dalam Durian has penetrated the market, the sales of
Inside Durian have dropped as much as 30% a year.
4. After an investigation, it was found that the drop of quality
usually reported by the people is actually meant to the Dalam
Durian product instead of Inside Durian.
5. Durian Sdn Bhd was dissatisfied and claimed that de Durian
has caused damage to their reputatuion and seek to restrict
Dalam Durian’s packaging and advertising.
6. In the High Court, the judge held in favour of the defendant,
de Durian Sdn Bhd.
Yang Arif, my submission for today is Whether or not the
damages for the appellant are appraisable or not.