Tealive loses the offer to stay injunction



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The operator of Tealive Loob Holding Sdn Bhd said to have asked his attorneys to seek leave to appeal from a court order preventing them from running a business similar to that from its former owner, La Kaffa International Co Ltd.

Loob Holding: The operator of Tealive Loob Holding Sdn Bhd has failed today in its attempt to stay an injunction granted by the Taiwan District Court. In dismissing the stay application, Judge Hamid Sultan Abu Backer said that there were no special circumstances to terminate the injunction order, Loob Holding no. not having filed an application for leave with the Federal Court.

Loob Holding hoped to maintain the status quo in the management of its affairs pending an appeal to the Federal Court.

"We asked our lawyers to seek leave to appeal to the Federal Court against the Court of Appeal's decision last week and the leave application was filed yesterday

"They will also make the necessary application to the Federal Court to maintain the status quo".] Loob Holding's statement did not specify whether it would comply with the injunction order to terminate his activities, pending the hearing of the Supreme Court.

Last week, the Court of Appeal granted La Kaffa an injunction to arrest Loob Holding.Hamid said that the High Court erred in dismissing the injunction against Loob Holding on the grounds that the livelihoods of its stores and its employees would be affected if they were prohibited from running.

"La Kaffa's complaint, in gross terms, means that Loob had changed the Chatime case of Overnight in favor of "Tealive"

"Their conduct is not only in each of the legal obligations related to the restriction of trade, but also a violation of franchise law that do not encourage the criminal or delictual conduct of business, "he said in the 41-page written judgment.

Loob Holding used the assets of its former franchisor to run its business Tealive

Last year, the High Court Judicial Commissioner, Wong Kian Kheong, ruled that an injunction against Loob Holding

On February 17, La Kaffa applied for an injunction to prevent Loob Holding from selling products like theirs.

The company director Chen Zhao, by his affidavit, claimed Loob Holding had violated the terms of the main franchise agreement, leading to its termination.

He said that Taiwanese society was beginning to have doubts about its Malaysian counterpart at the time. In 1965, Loob Holding reduced its Commodity Order

"This contrasted with the growing number of Chatime stores and the growth of the business figure," Chen said.

Chen also claimed that Loob Holding had not paid Kaffa, a sum of US $ 713,273.72 (about RM 3.1 million) for the purchase of raw materials

This amount was subsequently reduced to US $ 644,536.32

The dispute between La Kaffa and Loob Holding began in early December 2016. The Taiwanese company terminated the main franchise agreement between the two parties , even if it remained more than 20 years in the case

The court burst the bubble of Loob Holding with injunction


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