CHEONG GEEANG SEONG TUNE INSURANCE MALAYSIA BERHAD

CHEONG GEEANG SEONG TUNE INSURANCE MALAYSIA BERHAD

The defendant breached the express confidentiality clause by disclosing client-specific confidential information to competitors, that disclosure caused the non-renewal of two long-standing clients' policies with resultant lost premiums, and the trial judge's factual findings on those points were properly supported...

Source-derived case information.

Citation
WA-12BNCVC-49-05/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Cheong Geeang Seong; Respondent/plaintiff: Tune Insurance Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 January 2020
Case Number
WA-12BNCVC-49-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (appeal From Sessions Court) / High Court Judgment (appeal Dismissed)
Outcome
Appeal dismissed; decision of the Sessions Court affirmed.
Legal Topics
Breach of Employment Contract, Misuse/disclosure of Confidential Information, Conflict of Interest, Causation Between Breach and Loss, Assessment of Damages, Appellate Review of Factual Findings
Employment Law Contract Law Confidentiality/trade Secrets Fiduciary Duty Commercial Law Civil Damages Breach of Employment Contract Misuse/disclosure of Confidential Information +4 more

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Parties

Cheong Geeang Seong

Appellant/defendant

Tune Insurance Malaysia Berhad

Respondent/plaintiff

Procedural Posture

Civil Appeal (appeal From Sessions Court) / High Court Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the defendant breached the express confidentiality term of his employment contract by disclosing client information to competitors
  2. 2 Whether the disclosed information was legally confidential/trade secret
  3. 3 Whether the defendant's disclosure caused the non-renewal of the two insurance policies (causation) and quantifiable loss

Ratio Decidendi

The defendant breached the express confidentiality clause by disclosing client-specific confidential information to competitors, that disclosure caused the non-renewal of two long-standing clients' policies with resultant lost premiums, and the trial judge's factual findings on those points were properly supported by the evidence and should not be disturbed; damages of RM286,926 for lost premiums are reasonable and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed.

Orders

  • Appeal dismissed with costs of RM3,000.00
  • Decision of the Sessions Court affirmed (judgment dated 30 May 2020)