Introduction

[1] On 13 March 2020 the World Health Organisation declared the outbreak of the Covid-19 as a global pandemic. In Malaysia, a nationwide movement control was imposed beginning from 18 March 2020 to curb and contain the spread in the country. During the imposition of the movement control order ('MCO'), restaurants and eateries could only cater for food delivery services and this had adversely affected the viability of many food and beverage industries.

[2] Like many others, the parties involved in this case were not spared of the debilitating and devastating impact of the Covid-19 pandemic. Just immediately prior to the onset of the pandemic, the Defendants invested in the Plaintiffs to start a restaurant business based on certain representations. The business had barely started for less than a month before the MCO was imposed.

[3] The