TY PERMANAS ENTERPRISE SDN BHD v HOT & ROLL HOLDINGS SDN BHD

ba-22ncvc-225-06-2024 High Court (Mahkamah Tinggi) 18 March 2026 • BA-22NCvC-225-06/2024

Catchwords

CONTRACT- Breach of Franchise Agreement- Relationship under the Hot & Roll brand- franchisor’s refusal to renew - Plaintiff’s failure to exercise the renewal option- Defendant relies on the principle that contractual terms must be observed as written - reliance on a clause solely dealing with renewal- courts will look beyond labels and scrutinize the substance of the franchisor’s conduct- Franchise Act 1998 Compliance of Section 31 and 32 -parties conduct had effectively waived strict adherence to the Renewal terms – Acceptance of Previous failure to adhere to renewal terms accepted - brand protection with franchisee security - safeguard franchisees in a weaker bargaining position - protects local entrepreneurs from exploitation

Judges (1)

Shoba Rajah a/p Dorai Rajah Delivered

Parties (2)

HOT & ROLL HOLDINGS Sdn Bhd Defendant TY PERMANAS ENTERPRISE Sdn Bhd Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-225-06-2024)