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KUALA LUMPUR: All Tealive stores remain open although Loob Holding Sdn Bhd is failing to get the backing of the Court of Appeal, while it is appealing injunction granted by the Court of Appeal to Kaffa International Co Ltd.
"Yes, our court case is in the news, we will maintain the status quo pending further direction from the courts," Tealive said in his posts on Facebook and Instagram on Saturday.
Loob, in a statement on Thursday, had said that he was appealing the stay application filed by the Court of Appeals to the Federal Court.
In a dissenting judgment, the Judge of the Court of Appeal, Datuk Rhodzariah Bujang, stated that special circumstances should have been taken into account. She was part of the bench of three people at the Court of Appeal last Thursday.
"It is undeniable that if the injunction is not allowed pending the request for authorization, the 179 outlets of Tealive Malaysia will have to cease their activities. shops would be out of work, "she said in her judgment.
This scenario is not just a "fear of losing business, customers, suppliers and goodwill".
"The difficulties and inconveniences will not only be suffered by the respondent being the culprit found by the court and should not be a valid consideration for granting a stay but to innocent third parties – his employees and families In Thursday's judgment, Datuk Hamid Sultan Abu Backer, who chaired the panel, ruled that there were no special circumstances to stop the injunction as Loob Holding had not not filed application for leave to the Federal Court.
Tealive was created as a result of a dispute between Loob and La Kaffa last year that saw the Taiwanese franchisor terminate his Chatime master franchisee contract with Loob
.
Tealive's franchisee, Richie Khaw, said that, as with all other Tealive outlets, activities are continuing in two of his outlets in the Klang Valley.
"If we (Tealive) must close, then we must close." Loob's motion for suspension, filed the day after the Court of Appeal's decision on the interim injunction of June 27, dismissed on the grounds that the company had violated various contractual and legal obligations.The decision of the Court of Appeal prohibits Loob to exploit Tealive as a competitor of Chatime for two years in Malaysia, according to law .
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