WORLD TRIATHLON CORPORATION v. SRS SPORTS CENTRE SDN BHD

[2018] 5 MLRA 80

WORLD TRIATHLON CORPORATION v. SRS SPORTS CENTRE SDN BHD
Court of Appeal, Putrajaya
Rohana Yusuf, Harmindar Singh Dhaliwal, Rhodzariah Bujang JJCA
[Civil Appeal No: W-02(IM)(NCVC)-2281-11-2017]
2 July 2018

JUDGMENT

Harmindar Singh Dhaliwal JCA:

[1] This appeal emanates from the Kuala Lumpur High Court Order dated 3 November 2017. The learned High Court Judge had dismissed the appellant's application pursuant to O 12 r 10(2) of the Rules of Court 2012 ("ROC 2012") for a stay of proceedings in the High Court which application was premised on the ground of forum non conveniens. The appellant's position was that the forum conveniens to hear the dispute was the Courts of Florida, in the United States of America. The High Court, however, dismissed the appellant's application and found that Malaysia is the most convenient forum to hear the dispute.

[2] Aggrieved with this decision, the appellant appealed to this court. After hearing the parties and taking into consideration the written submissions, we allowed the appeal and set aside the orders of the High Court. Our reasons for doing so now follow and will constitute the judgment of the court.

Salient Facts

[3] The salient facts giving rise to the civil suit appear in the grounds of judgment and in the submissions of the parties. The facts can be restated as follows. The appellant is a company established in Florida, USA. The appellant is the registered owner of several marks and trade marks for Ironman Triathlon ("IRONMAN trade mark"). The respondent is a company registered in Malaysia.

[4] The parties had entered into two Event License Agreements dated 15 February 2000 and 20 October 2003 whereby the respondent obtained from the appellant the right, license and/or authority to organise and/or host triathlon events in Malaysia under the IRON MAN trade mark.

[5] The Event License Agreement dated 20 October 2003 was amended pursuant to the Settlement Agreement and Mutual General Releases dated 24 May 2006 and further amended pursuant to the First Addendum to License Agreement dated 11 December 2008 ("Amended 2003 Agreement") (collectively referred to as the "Event License Agreements").

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