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2018 MarsdenLR 3428

HIGH COURT MALAYA KUALA LUMPUR
DR H K FONG BRAINBUILDER PTE LTD – Appellant
Versus
SG-MATHS SDN BHD & ORS – Respondent


Petitioner Advocates:Joy Wilson Appukuttan,Tan Sin Yee ,Respondent Advocate: Kok Pok Chin,Ong Hong Keit

[1] This case concerns "Dr Fong's Method" of teaching mathematics to students in primary and secondary schools (Dr Fong's Method) which has been developed by Dr Fong Ho Kheong (Dr Fong), a Singaporean citizen.

[2] Dr Fong incorporated the plaintiff company (Plaintiff) in Singapore. The Plaintiff has entered into a Master License Agreement dated 18 December 2013 [MLA (2013)] with the first defendant company (1st Defendant). The MLA (2013) allows the 1st Defendant to, among others, operate and manage the "BrainBuildef' business (a business to teach mathematics to students) (BrainBuilder Business) in Malaysia.

[3] The following issues arise in this case:

(1) in view of cl 37 MLA (2013) (Clause 37)-

(a) does Malaysian court have jurisdiction to hear this case? In this regard, have the Plaintiff and all the defendants (Defendants) in this matter submitted to the jurisdiction of Malaysian court?; and

(b) if this court has jurisdiction to hear this case, whether the law of Malaysia or Singapore applies to MLA (2013);

(2) if Malaysian law applies to MLA (2013)-

(a) whether the Franchise Act 1998 ( FA ) applies to MLA (2013);

(b) if FA applies to MLA (2013), have ss 6(1) and/or 6A(1) been

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