KOTRA PHARMA (M) SDN. BHD. v LAU TIAN THYE B/S FARMASI MEGA CARE
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)
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.