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.