[Headnote: Distributorship — Exclusive distributorship agreement — Territorial restrictions — Parallel
importation — Whether products designated for sale in Indonesia only — Whether introduction of territorially restricted goods into Brunei market constitutes unlawful conduct — Whether parallel importation defence available where goods diverted in breach of territorial restrictions.
Contract — Privity of contract — Exclusive distributorship agreement — Whether agreement enforceable against third party not privy to contract — Whether defendant bound by obligations under distributorship agreement to which it was not a party.
Tort — Liability for unlawful conduct — Causation — Remoteness of damage — Whether defendant’s conduct caused loss and damage to plaintiff — Hadley v Baxendale (1854) 9 Exch 341 applied.
Damages — Compensatory damages — Quantum — Unaudited sales reports — Internal sales benchmarks — Whether speculative losses recoverable — Whether expenditure on promotional activities and sponsorship properly included in damages claim — Whether court entitled to make reasonable estimate where precise quantification difficult — Unjust enrichment — Claim dismissed. ]
