26 May 2022
AIM ADVANCE SDN. BHD. 1. ) Runningman Evolution Sdn. Bhd. 2. ) Runningman Instant Delivery Sdn. Bhd. 3. ) Lee Hao Ting 4. ) Lin Wai Jet 5. ) Andrew Chee Lamn Kwan 6. ) Tan Wei Yong
- Citation
- WA-12ANCvC-41-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-41-02/2022 (Mahkamah Tinggi)
The court held the issues raised could not be resolved on affidavits alone under Order 14A/33 because material factual disputes exist (notably whether the agreements meet the statutory criteria in Section 4(a)–(d) of the Franchise Act 1998 and whether there was requisite continuous control). The applicant failed to show the four statutory elements were satisfied on the evidence before the court; therefore the matter must proceed to full trial with witness testimony. The interlocutory application/appeal was dismissed and the Sessions Court decision was upheld.