JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] This appeal concerned the sale by Kamdar Sdn Bhd (the respondent/ defendant) of certain goods bearing the label 'Hafiz Hamidun'.

[2] Muhammad Hafiz Hamidun (the appellant/plaintiff) sued the respondent/defendant for tort of passing off and succeeded in the High Court. The Court of Appeal reversed the High Court's decision holding that the appellant/plaintiff did not have locus standi to maintain his claim against the respondent/defendant on the ground that the goodwill was established in a company incorporated by the appellant/plaintiff, Mikraj Concept Sdn Bhd ('MCSB').

[3] For convenience, we will refer to the parties as they were in the High Court.

[4] We heard the plaintiff's appeal on 13 April 2021 and after carefully considering the evidence, the divergent judgments of the courts below and learned counsel's submissions, we were of the view that the High Court was entirely correct and that the Court of Appeal was not.