Karen Yap Chew Ling Binary Group Services Sdn Bhd

Karen Yap Chew Ling Binary Group Services Sdn Bhd

On the facts the Court of Appeal affirmed the High Court's findings of liability for deceit, breach of confidence and conversion based on unrefuted forensic and documentary evidence; the trial judge did not breach natural justice in refusing last‑minute Zoom evidence; however the plaintiff’s expert valuation of USD10.1M was speculative and insufficiently supported, so the damages award was set aside and the matter remitted to the High Court for a focused assessment of quantum (including account of profits or negotiating damages or exemplary damages) with liberty to call further evidence and to obtain protective orders; interlocutory injunction reinstated.

Citation
M-02(NCvC)(W)-613-03/2021 (Mahkamah Rayuan)
Parties
Appellant/defendant: Karen Yap Chew Ling; Respondent/plaintiff: Binary Group Services Bhd
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
11 May 2022
Case Number
M-02(NCvC)(W)-613-03/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Final Judgment on Appeal Remitting Issue of Quantum to Trial Court
Outcome
Appeal allowed in part: High Court findings on liability affirmed; award of damages of USD10.1M and related orders set aside; interlocutory injunction reinstated; matter remitted to High Court for proper assessment of quantum (damages or account of profits); limited ancillary orders made.
Legal Topics
Breach of Confidence, Conversion, Deceit (fraudulent Misrepresentation), Fiduciary Duties, Injunctions, Damages Assessment and Wrotham Park/negotiating Damages, Account of Profits, Remote Evidence/zoom Hearing
Source Language
Malay/English
Equity Tort Contract Law Employment Law Civil Procedure Intellectual Property/databases Breach of Confidence Conversion +6 more

Case Brief

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Parties

Karen Yap Chew Ling

Appellant/defendant

Binary Group Services Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal (court of Appeal) / Final Judgment on Appeal Remitting Issue of Quantum to Trial Court

Legal Issues

  1. 1 Whether denial of remote (Zoom) evidence violated natural justice
  2. 2 Whether the stolen databases and records constituted confidential information
  3. 3 Whether plaintiff’s unchallenged forensic evidence established liability where defendant did not testify

Ratio Decidendi

On the facts the Court of Appeal affirmed the High Court's findings of liability for deceit, breach of confidence and conversion based on unrefuted forensic and documentary evidence; the trial judge did not breach natural justice in refusing last‑minute Zoom evidence; however the plaintiff’s expert valuation of USD10.1M was speculative and insufficiently supported, so the damages award was set aside and the matter remitted to the High Court for a focused assessment of quantum (including account of profits or negotiating damages or exemplary damages) with liberty to call further evidence and to obtain protective orders; interlocutory injunction reinstated.

Court Disposition

Appeal allowed in part: High Court findings on liability affirmed; award of damages of USD10.1M and related orders set aside; interlocutory injunction reinstated; matter remitted to High Court for proper assessment of quantum (damages or account of profits); limited ancillary orders made.

Orders

  • High Court liability findings for deceit, breach of confidence and conversion affirmed
  • High Court damages award of USD 10,100,000 set aside