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IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR, MALAYSIA


(CIVIL DIVISION)
SUIT NO: 45-NCVC-05/2018

BETWEEN

NINA SIMONE HOLDINGS … 1st PLAINTIFF


(COMPANY NO : 371296-N)

ANNIE LENNOX INDUSTRIES SDN BHD


(COMPANY NO: 873211- A) …2nd PLAINTIFF

AND

GROHL ORG
(REGISTRATION NO. 098789-GO) ... 1st DEFENDANT

SARAH MCLACHLAN MARKETING SDN BHD


(COMPANY NO: 348981-S) … 2nd DEFENDANT

CERTIFICATE OF URGENCY

I, ​MUHAMMAD MUHAIMIN (NRIC NO.: 960116-10-6793) as an Advocate and Solicitor

of the High Court of Malaya whose address of service is at ​MESSRS. RAZMAN & PARTNERS,

SUITE 1 AL 528, ACADEMIC BUILDING 2, FACULTY OF LAW, UNIVERSITI TEKNOLOGI

MARA, 40450 SHAH ALAM, SELANGOR DARUL EHSAN​, hereby certifies that the Notice of

Application for Anton Piller Order made ex-parte under Order 29 rule 2 Rules of Court 2012 by

the Plaintiff​ ​dated on​ ​22nd April 2019​ ​ought to be heard urgently on the following grounds:-

1) There are serious issues to be tried as the Defendant had illegally produce and

marketed counterfeit products of Nina’s Essence perfume;


2) The Defendants have in their possession incriminating evidence i.e. the packaging

boxes, drawings, documents and other information relating to Nina’s Essence distinctive

Trademarks;

3) From the conduct of untrustworthy Defendants, there is a real possibility that the

Defendant may destroy or conceal the incriminating evidence in their possession.

(a) The Defendants, who had illegally produced counterfeit Nina’s Essence

perfume from the Plaintiff, had wrongfully put the counterfeit perfume for sale

on the Internet principally for the USA and European market without the

Plaintiff authorization;

4) The Plaintiff verily believes that there is a real risk danger that the Defendant would

dispose of any incriminating evidence, if the Defendant is informed of any impending

legal action against him, the Defendant might take steps to dispose of, destroy, suppress

or conceal incriminating evidence which is in the possession of the Defendant.

5) There is a need to urgently protect the rights and privilege conferred on the Plaintiffs

Trademarks right from being exploited by the Defendants because it could lead to

deceiving the members of the public that the defendant's perfume is the plaintiff's

perfume.
6) Therefore, by reasons stated above, the plaintiff prays to the Honourable Court for an

early hearing date for the notice of application applying for Anton Piller Order as filed

herein.

Dated the ​23rd​ Day of ​April 2018

……………………………
Solicitor for the Plaintiff

This ​CERTIFICATE OF URGENCY ​is filed by Messrs. Razman & Partners, Solicitors for the
Plaintiffs, whose registered address is at Suite 1, AL 528, Academic Building 2, Faculty of Law,
Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan.
(Ref No.: RP/CIVIL/APO/91-2019/MIN)

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