KAMDAR SDN BHD MOHAMMAD HAFIZ BIN HAMIDUN

KAMDAR SDN BHD MOHAMMAD HAFIZ BIN HAMIDUN

The Court of Appeal held HSB (formerly Mikraj Concept) owned the goodwill in the fabrics/apparel bearing the name 'Hafiz Hamidun'; the plaintiff personally did not own that goodwill and therefore lacked standing to sue for passing-off; there were no special circumstances to justify lifting the corporate veil; High Court's finding in favour of the plaintiff was set aside and appeal allowed.

Citation
W-02(IPCV)(W)-1646-08/2018 (Mahkamah Rayuan)
Parties
Appellant: Kamdar Sdn. Bhd.; Respondent: Mohammad Hafiz bin Hamidun
Court
IPCV
Jurisdiction
Malaysia
Judgment Date
19 August 2019
Case Number
W-02(IPCV)(W)-1646-08/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (passing Off) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Passing Off, Goodwill Ownership, Lifting Corporate Veil, Misrepresentation, Damages
Source Language
Malay/English
Intellectual Property Unfair Competition Company Law Civil Procedure Passing Off Goodwill Ownership Lifting Corporate Veil Misrepresentation +1 more

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Parties

Kamdar Sdn. Bhd.

Appellant

Mohammad Hafiz bin Hamidun

Respondent

Procedural Posture

Civil Appeal (passing Off) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Who owns the goodwill in the brand name 'Hafiz Hamidun' for fabrics/apparel (individual plaintiff or Haje/HSB)
  2. 2 Whether the plaintiff had standing to sue for passing-off
  3. 3 Whether the corporate veil could be lifted to treat the plaintiff as owner of the company's goodwill

Ratio Decidendi

The Court of Appeal held HSB (formerly Mikraj Concept) owned the goodwill in the fabrics/apparel bearing the name 'Hafiz Hamidun'; the plaintiff personally did not own that goodwill and therefore lacked standing to sue for passing-off; there were no special circumstances to justify lifting the corporate veil; High Court's finding in favour of the plaintiff was set aside and appeal allowed.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Allow the appeal and set aside the High Court judgment dated 24.1.2018
  • Award costs to the appellant in the sum of RM85,000.00 (here and below) subject to the payment of allocator