ITS Testing Services (M) Sdn Bhd 1. ) DP Fluiteq Sdn. Bhd. 2. ) Dev Menon A/L Gopalan 3. ) Peter Chang Ngi Lee 4. ) Murugan A/L Selvaraj PIHAK KETIGA DICADANGKAN Carigali-PTTEPI Operating Company Sdn Bhd

ITS Testing Services (M) Sdn Bhd 1. ) DP Fluiteq Sdn. Bhd. 2. ) Dev Menon A/L Gopalan 3. ) Peter Chang Ngi Lee 4. ) Murugan A/L Selvaraj PIHAK KETIGA DICADANGKAN Carigali-PTTEPI Operating Company Sdn Bhd

The injunction was refused because on the documentary evidence before the court the plaintiff failed to establish a bona fide serious issue to be tried: the alleged confidential information was pleaded in overly broad and non‑specific terms and there was insufficient evidence that CPOC engaged the 1st defendant or that any confidential information was unlawfully used; the balance of convenience therefore lay against granting an injunction.

Citation
WA-22IP-24-03/2024 (Mahkamah Tinggi)
Parties
Plaintiff: ITS TESTING SERVICES (M) SDN BHD; 1st Defendant: DP FLUITEQ SDN. BHD.; 2nd Defendant: DEV MENON A/L GOPALAN; 3rd Defendant: PETER CHANG NGI LEE; 4th Defendant: MURUGAN A/L SELVARAJ
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2025
Case Number
WA-22IP-24-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit for Breach of Confidence, Intellectual Property and Related Torts (interlocutory Injunction Application) / Interlocutory Stage – Application for Interim Injunction Heard and Dismissed
Outcome
Injunction Application dismissed with costs.
Legal Topics
Breach of Confidence, Interim Injunction, Passing Off, Conspiracy to Injure, Misappropriation of Trade Secrets, Balance of Convenience, Identification of Confidential Information
Source Language
Malay/English
Intellectual Property Equity/confidentiality Civil Procedure Tort (passing Off, Conspiracy) Breach of Confidence Interim Injunction Passing Off Conspiracy to Injure +3 more

Case Brief

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Parties

ITS TESTING SERVICES (M) SDN BHD

Plaintiff

DP FLUITEQ SDN. BHD.

1st Defendant

DEV MENON A/L GOPALAN

2nd Defendant

PETER CHANG NGI LEE

3rd Defendant

MURUGAN A/L SELVARAJ

4th Defendant

Procedural Posture

Civil Suit for Breach of Confidence, Intellectual Property and Related Torts (interlocutory Injunction Application) / Interlocutory Stage – Application for Interim Injunction Heard and Dismissed

Legal Issues

  1. 1 Whether the plaintiff disclosed a bona fide serious issue to be tried
  2. 2 Whether the alleged confidential information was identified with sufficient specificity
  3. 3 Whether there was evidence that CPOC engaged the 1st defendant for services

Ratio Decidendi

The injunction was refused because on the documentary evidence before the court the plaintiff failed to establish a bona fide serious issue to be tried: the alleged confidential information was pleaded in overly broad and non‑specific terms and there was insufficient evidence that CPOC engaged the 1st defendant or that any confidential information was unlawfully used; the balance of convenience therefore lay against granting an injunction.

Court Disposition

Injunction Application dismissed with costs.

Orders

  • Injunction Application dismissed with costs.