JUDGMENT

A. Introduction

[1]I have been directed by the learned President of the Court of Appeal (PCA) to sit alone pursuant to s 44(1) Courts of Judicature Act 1964 CJA) and hear an ex parte Notice of Motion for an Erinford injunction pending the disposal of an appeal to the Court of Appeal.

B. Background

[2]The appellant company (Appellant) entered into a “Carpark Operator Cum Licence Agreement” dated 1.10.2019 (Agreement), with Bukit Damansara Development Sdn. Bhd. (BDD). According to the Agreement, among others, BDD granted the Appellant a license to operate car park services, including valet services (Car Park Services), at VSquare @ PJ City Centre, Jalan Utara, 46200 Petaling Jaya, Selangor (Building). The Agreement was for a period of five years, commencing on 1.10.2019 and concluding on the 30.9.2024 (Expiry Date).

[3]Around December 2020, the second respondent (2^nd Respondent) entered into a separate arrangement with BDD wherein the 2^nd Respondent acquired ownership of the Building from BDD for a consideration of RM147 million.

[4]By a “Notice of Assignment” dated 2.11.2021 from BDD to the Appellant (copied to the 2^nd Respondent), BDD informed the Appellant that, among others,