Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Restraint of trade clause
  • 20 May 2021

    Ace Capital Growth Sdn Bhd Kua Kee Hoon & 5 Ors

    Citation
    WA-22NCC-565-11/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-565-11/2020 (Mahkamah Tinggi)

    The court granted interlocutory injunctive relief restraining the defendants from using the plaintiff's confidential information and from soliciting, canvassing or enticing the plaintiff's customers (as at October 2020) pending trial because there were serious issues to be tried and the balance of convenience favoured the plaintiff; the court refused the broad injunction sought to restrain defendants from distributing, selling or trading in precious metals/gold bullion because the restraint was too wide, would unduly restrain trade and was vulnerable under Section 28 of the Contracts Act 1950.