31 Jul 2024
Indadi Utama (M) Sdn Bhd Kwah Peng Kun
- Citation
- BB-A52NCvC-51-03/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BB-A52NCvC-51-03/2023 (Mahkamah Sesyen)
Plaintiff failed to discharge its onus to prove on the balance of probabilities that the defendant breached contractual or fiduciary duties or that recoverable company intellectual property was lost as a result of the deletions; key documentary evidence and witnesses (notably company director Nazirah) and particulars supporting the RM500,000 loss were not produced; forensic evidence confirmed deletions but could not establish contents or causation of loss; absence of a written SOP or clear restrictive terms and consistent unchallenged testimony that laptops were routinely wiped meant no actio…