Malaysia Case Law: Decisions & Judgments

Topic

Misuse of confidential information

Legal area

Court

26 Mar 2025

BLACKSPACE SDN BHD 1. ) MITCHELL WONG POU YEE 2. ) CHENG WEE WEE 3. ) LIM EE LING 4. ) SOH EE FAN

Citation

BA-22NCvC-329-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-329-08/2024 (Mahkamah Tinggi)

Given (a) the Defendants' roles and admissions (incorporation of Interspark while employed, access to Plaintiff's confidential data, partners joining before resignations and securing first client prior to resignation), (b) the documents are or likely are in Defendants' possession, and (c) the documents are relevant and necessary to fairly dispose of central issues, the court exercised its discretion under Order 24 to allow the discovery application described in Enclosure 9.
19 Oct 2023

WSA PRECISION SDN. BHD. LEE KOK CHEONG

Citation

BA-22NCvC-515-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-515-10/2018 (Mahkamah Tinggi)

Defendant breached fiduciary duties by failing to disclose his vested interest and by selling Plaintiff's REM products to his companies at discounts materially beyond those authorised, generating a proven loss to the Plaintiff for 2016–2017 of RM216,607.94; Plaintiff failed to prove misuse of confidential information or loss in relation to Perodua/Valeo because distributorship/appointment followed cessation of Plaintiff's orders and occurred after Defendant left employment; Defendant's counterclaim for unpaid leave was not proven for lack of contemporaneous evidence.
22 Jul 2021

MRA INTERNATIONAL SDN BHD SPC DIATECH, LLC

Citation

WA-23CY-11-03/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-11-03/2017 (Mahkamah Tinggi)

The court exercised its discretion under Rules of Court 2012 O.24 rr.3 and 7 to allow post-trial discovery because the Defendant showed the requested documents in the Revised Annexure A are necessary to enable an informed election between damages and an account of profits and for fair disposal of the assessment stage; procedural objections and delay were either waived or curable and the Plaintiff failed to prove that the documents are confidential to the extent required to obtain the broad protective order sought, particularly given the Plaintiff's proven wrongdoing which undermined its claim…
8 May 2021

PUSAT PERNIAGAAN MATAHARI SDN BHD & ORS CHUAH SIONG KIEAT

Citation

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-411-09/2019 (Mahkamah Tinggi)

Applying the Federal Court factors, the Court found the seven-week delay was not excessive, there was disputed evidence about notice of the case management direction, and the balance of justice and limited prejudice to plaintiffs warranted exercising discretion to grant the extension to file the Defence filed on 11.12.2019.
5 Mar 2021

Sykt Ogen LED Sdn Bhd [No. Sykt: 201601001793] 1.Balaguru a/l Muniandy [No. K/P: 760330-08-5759] Dalam kapasiti peribadi dan berniaga diatas nama dan gaya Ogen Worldwide [No. Pendaftaran: 202003039005] 2. Azzumas Technology Sdn Bhd [No. Syk

Citation

22NCC-89-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-89-06/2020 (Mahkamah Tinggi)

The court found that there are serious questions to be tried on the affidavits, the balance of convenience favors the plaintiff because the defendants' conduct (use of forged/altered documents, appointment and website alterations) risks irreparable loss to the plaintiff's goodwill and trade name, and damages would be inadequate; accordingly an interim prohibitory injunction should issue in favour of the plaintiff.
19 Oct 2020

WORX PRINTING & PACKAGING SDN BHD 1. ) CHONG KOK KOW 2. ) YONG MUN EE

Citation

JA-22NCVC-94-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-94-07/2020 (Mahkamah Tinggi)

The court found there was a serious issue to be tried because evidence showed a nexus between the 1st and 2nd Defendants (shared address, mobile number on 2nd Defendant's website, quotations and listing of Plaintiff's customers), the 1st Defendant owed fiduciary duties and was alleged to have access to confidential customer and pricing information, damages were inadequate given claim for account of profits, and the balance of convenience favored preserving the status quo; accordingly an interim injunction was granted restraining the 1st Defendant from disclosing confidential information and s…
26 Jun 2020

TOM OLE GYSLER ARPAN BIN RAPAIEE EJ JOINT VENTURE SDN BHD EJ JOINT VENTURE SINGAPORE PTE LTD WINPCS MALAYSIA SDN BHD

Citation

WA-22IP-14-03/2014 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-14-03/2014 (Mahkamah Tinggi)

The appeal is dismissed because the Deputy Registrar correctly applied governing principles: the Plaintiff did not plead or particularise equitable, aggravated or exemplary damages, failed to prove causation and the requisite injuries or malice, and parties are bound by pleadings; therefore those heads of damages were properly disallowed and the Deputy Registrar's assessment stands.

Malaysia Case Law

BLACKSPACE SDN BHD 1. ) MITCHELL WONG POU YEE 2. ) CHENG WEE WEE 3. ) LIM EE LING 4. ) SOH EE FAN

WSA PRECISION SDN. BHD. LEE KOK CHEONG

MRA INTERNATIONAL SDN BHD SPC DIATECH, LLC

PUSAT PERNIAGAAN MATAHARI SDN BHD & ORS CHUAH SIONG KIEAT

Sykt Ogen LED Sdn Bhd [No. Sykt: 201601001793] 1.Balaguru a/l Muniandy [No. K/P: 760330-08-5759] Dalam kapasiti peribadi dan berniaga diatas nama dan gaya Ogen Worldwide [No. Pendaftaran: 202003039005] 2. Azzumas Technology Sdn Bhd [No. Syk

WORX PRINTING & PACKAGING SDN BHD 1. ) CHONG KOK KOW 2. ) YONG MUN EE

TOM OLE GYSLER ARPAN BIN RAPAIEE EJ JOINT VENTURE SDN BHD EJ JOINT VENTURE SINGAPORE PTE LTD WINPCS MALAYSIA SDN BHD