Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Enticement of clients

Legal area

Court

24 May 2024

NG KIM CHEONG Kuan Kong Hong

Citation

WA-22NCvC-408-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-408-06/2019 (Mahkamah Tinggi)

On the evidence, including surveillance and witness testimony and the circumstances of an acrimonious departure, the defendant intentionally enticed 30 clients away in breach of the agreement causing loss; the proper measure of loss is annual fees for a reasonable period, fixed at three years; defendant's counterclaim for defamation and breach of confidentiality failed and is dismissed.
26 Jul 2023

Kuan Kong Hong 1. ) NG KIM CHEONG 2. ) KCSM KUAN PLT

Citation

W-02(NCvC)(W)-317-02/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-317-02/2022 (Mahkamah Rayuan)

Interpreting clause 8.1 in its commercial context the court held the Succession Plan and clause 8.1 encompassed a restriction against causing the LLP's clients to be siphoned off; the Defendant, by introducing and facilitating transfer of 30 clients to a competing firm and attending EGMs as company secretary, breached the Sale Agreement; no adverse inference was required against the Plaintiff because admissions and documentary evidence sufficed; quantification of damages could not be based solely on LLP gross fees so the matter is remitted to the High Court for assessment of true loss of prof…