24 Feb 2023
GERBANG ALAF RESTAURANTS SDN. BHD. (formerly known as GOLDEN ARCHES RESTAURANTS SDN. BHD.) 1. ) CHAI SU LIN 2. ) FOREST CAFÉ KUCHING SDN. BHD.
- Citation
- Q-02(NCvC)(W)-1056-08/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-02(NCvC)(W)-1056-08/2020 (Mahkamah Rayuan)
The Court of Appeal found the trial judge misappreciated the evidence and erred in law: the correspondence, notices and audit reports provided sufficient notice and particulars; there was credible and ample evidence of repeated cleanliness and pest-infestation breaches of Clause 18(b); remedial action does not negate that breaches occurred and may still amount to repeated failures under s31(3)(d) Franchise Act 1998; accordingly the termination was lawful, the appeal is allowed, the High Court order set aside and the defendant's counterclaim is allowed for assessment of damages.