SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 MarsdenLR 1939

COURT OF APPEAL PUTRAJAYA
LA KAFFA INTERNATONAL CO LTD – Appellant
Versus
LOOB HOLDING SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Khoo Guan Huat,Kwan Will Sen,Melissa Long ,Respondent Advocate: Loh Siew Cheang,Cindy Goh Joo Seong, Yap Mong Jay, Verene Tan Yeen Yi,Lim Kuan

Table of Content
1. primary appeals concern interlocutory injunctions in franchise disputes. (Para 1 , 5 , 6)
2. the dispute revolves around competition clauses in a terminated franchise agreement. (Para 2)
3. the case is centered around a terminated franchise agreement and pending arbitration. (Para 3 , 7 , 8)
4. the court assesses the interplay between injunctions and franchise termination. (Para 4)
5. the appeal discusses grounds for injunctions based on contractual obligations. (Para 10 , 11 , 12)
6. discussion of judicial discretion in granting injunctions related to business competition. (Para 13 , 14)
7. the court favors prohibitory injunctions to prevent unfair competition. (Para 20)
[4] The learned Judicial Commissioner only allowed the mandatory orders (return of properties) and did not grant the prohibitory orders (restraint of trade). In consequence, La Kaffa is only appealing against part of the said judgment.

Appeal '1275'

[5] The appellant here is Loob who had filed an Origination Summons No. WA-24IP-6-03/2017 to restrain La Kaffa from interfering with their 'TEALIVE' business.

[6] In essence, if La Kaffa succeeds in the appeal, Loob's appeal must be dismissed.

Brief Facts

[7] Th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top