Our courtroom setting post-MCO!

After successfully setting aside two Trade Description Orders (“TDOs”) via online hearing remotely from our office in July, we were excited to get back to the physical courtroom of Alor Setar High Court for the hearing of assessment of damages.

The hearing didn’t go on, as the learned High Court Judge ordered this matter to be jointly heard with two other related assessments of damages proceedings. We welcome this directive, as all these three related matters involve the same applicant, identical facts and similar legal arguments. We represent three respondents who applied to set aside the TDOs, which were issued ex parte against them in 2017.

These are legacy cases from the pre-amended Trade Description Act 2011 (“TDA2011”). The latest amendments to TDA2011 in 2019 had removed the remedy of TDO.