[1] Below are the background facts, which led to the filing of this suit by the plaintiff.

[2] In 8 February 1990, a firm known as Leong Hin Enterprise ("LHE"), which is the predecessor of the plaintiff, and which is wholly owned by Dato' Ong Pee Leong ("Dato' Ong") was registered.

[3] For the past 20 (twenty years), Dato' Ong was doing business with the defendant through LHE, which, solely, sold the defendant's petroleum based products and lubricants under the 'Caltex' brand ("the defendant's products") until Dato' Ong became well known as "Caltex Ong".

[4] On 14 September 2006, the plaintiff was incorporated with a high paid up capital of RM 500,000.00. According to Dato' Ong, the Managing Director of the plaintiff, the incorporation of the plaintiff was at the request and encouragement of the defendant.

[5] According to Dato' Ong, prior to the incorporation of the plaintiff, he was informed by the defendant that in order to be appointed as a wholesale distributor of the defendant's products, a limited liability company with a high paid up capital of at least RM 500,000.00 and a working capital of at least RM 2 million must be set up and registered.

[6] According to Dato' Ong, he was