27 Jun 2023
ASIAN KITCHEN (M) SDN BHD 1. ) MENARA KUALA LUMPUR SDN BHD 2. ) HYDROSHOPPE SDN BHD
- Citation
- WA-22NCC-399-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-399-06/2023 (Mahkamah Tinggi)
Application dismissed: mandatory injunction refused because plaintiff failed to meet the higher Tinta Press threshold of an unusually strong and clear case; tenancy expired by agreed date and plaintiff accepted final extension; tender privilege/waiver clauses and lack of privity to acquisition undermined serious questions to be tried; damages were adequate and plaintiff's undertaking and financial capacity were insufficient to protect defendants; balance of convenience favoured defendants.