JUDGMENT

Anita Harun JC:

[1] This is the Plaintiff's application for an interlocutory injunction, initially granted on an ex parte basis and now heard inter partes. The application arises from a dispute between the parties in relation to the Caltex Retail Fuel Supply Agreement ("CRFSA"), pursuant to which the Defendant operated a Caltex service station on the subject premises.

[2] The central issue before this Court is whether the Plaintiff has satisfied the requirements for the continuation of the injunction pending the disposal of the action.

[3] The Plaintiff, Chevron Malaysia Limited, is a petroleum company operating a structured network of Caltex-branded service stations throughout Malaysia. The Defendant, Wibawa Kukuh Sdn Bhd, is the registered proprietor of the Property and the operator of the Caltex service station pursuant to the CRFSA. The CRFSA establishes a comprehensive commercial relationship between the parties. It is not merely a contract for the supply of petroleum products. It governs the operation of the service station, the use of the Plaintiff's branding and retail system, and the obligations of the Defendant as a retailer within the Plaintiff's network. The relevant provisions of the CRFSA include the following.

(a) Clause 3 provides for an initial term of ten years, with a right of renewal exercisable by the Plaintiff upon the issuance of written notice. The clause does not require the Defendant's consent but confers upon the Plaintiff the contractual right to extend the agreement upon compliance with the stipulated procedure.

(b) Clause 5.1 provides that the Defendant shall use the premises solely and continuously for the conduct of the Caltex retail business. This is a restrictive and mandatory obligation. It confines the Defendant's use of the premises to the Plaintiff's retail system and excludes any alternative use.

(c) Clause 5.10 imposes a restraint on the Defendant from engaging in any business identical with or similar to the retail business, whether during the term or for a period thereafter. The purpose of this clause is to protect the Plaintiff's commercial network, brand presence, and customer base.

[4] Pursuant to the CFRSA, Chevron agreed to inter alia grant retail interest the Defendant for a term of 10 years with a term to renew for another 10 years from commencement date on 8 December 2015.

[5] The Plaintiff's case is that the CRFSA was validly renewed by way of a Renewal Notice dated 2 September 2025. The notice expressly invokes cl 3 and states that the agreement is renewed for a further term from 8 December 2025 to 7 December 2035.

[6] The Defendant disputes the validity of the renewal and contends that the CRFSA has expired. The Defendant further asserts that any continued dealings were merely ad hoc and did not give rise to a binding contractual relationship.

[7] Notwithstanding this position, the evidence shows that the Defendant continued to operate the Caltex service station, continued to receive petroleum supplies, and continued to engage with the Plaintiff on operational matters.

[8] The dispute escalated when the Defendant issued a public notice at the service station stating:

"akan ditutup sementara bermula 8 DISEMBER 2025 kerja-kerja penukaran jenama".

[9] This notice communicates to the public that fuel sales under the Caltex brand would cease. The Plaintiff relies on this notice as evidence that the Defendant intended to terminate or depart from the contractual arrangement.

[10] The Plaintiff further relies on evidence that the Defendant had begun taking preparatory steps towards ceasing operations, including reducing fuel orders, altering delivery arrangements, and exploring alternative business arrangements.

[11] The Plaintiff's position is that such conduct constitutes a breach of the CRFSA and would result in irreparable harm to its retail network, brand presence, and goodwill.

[12] The Defendant maintains that it is entitled to cease operations and that