Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Confidentiality agreement

Legal area

Court

23 Sept 2020

Osram Opto Semiconductors (Malaysia) Sdn Bhd (No. Syarikat: 11935-P) Ooi Mei Chien @ Wei Wei Chien (No. K/P: 670322-07-5260)

Citation

PA-22NCvC-57-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-57-03/2020 (Mahkamah Tinggi)

Although there were serious issues to be tried (validity of the confidentiality agreement and confidentiality of documents), the plaintiff's nearly three-year unexplained delay, the speculative nature of the alleged harm, and the availability of damages as an adequate remedy meant the balance of convenience and judicial discretion did not favor granting either prohibitory or mandatory interlocutory injunctions; accordingly the application was dismissed.
15 May 2019

ACUMEN SCIENTIFIC SDN BHD YEOW LIANG MING

Citation

P-02(NCVC)(W)-1618-08/2018 (Mahkamah Rayuan)
Court

NCVC
Case number

P-02(NCVC)(W)-1618-08/2018 (Mahkamah Rayuan)

The Court of Appeal held that on objective construction of the contractual documents and the factual matrix the defendant remained bound by the confidentiality and conflict of interest obligations despite transfer within the group; the defendant, as General Manager and Working Director, owed fiduciary duties which he breached by using and disclosing the plaintiff's confidential information to set up and benefit a competing company; the High Court decision was therefore wrong and was set aside, the plaintiff's specified claims were allowed and the defendant's counterclaim dismissed.