HILTI (MALAYSIA) SDN. BHD. v 1. ) BYTEERING SDN BHD 2. ) AZTEERING SDN BHD 3. ) THAM KUAN JIAN 4. ) SIM JONG ING 5. ) MARVIN KHO TZYY YAW 6. ) CHUA YING KERK 7. ) VINCENT ENG

ba-22ncvc-281-07-2024 High Court (Mahkamah Tinggi) 15 October 2024 • BA-22NCvC-281-07/2024 • 17 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Interim Injunction - Plaintiff's cause of action against the Defendants is for breach of fiduciary duties, confidentiality as employees of the Plaintiff- Plaintiff's case lies in the alleged breach of employment contracts by the 3rd to 7th Defendants, undisputedly employees of the Plaintiff - On the face of it, it is apparent that Plaintiff might have a valid claim against their employees on the alleged breaches if sufficiently proven in the circumstances of the case. However, upon careful deliberation of all relief sought in this application, I find that the injunctive relief has a blanket effect on all Defendants and mirrored substantially the final prayers in the Statement of Claim - the alleged confidential information by Plaintiff was too vague and ambiguous - the relief sought against Byteering, Azteering, and Chua is questionable, mere speculation, and seemingly based on assumptions that require them to first establish their case to warrant injunctive relief - tantamount to a restrain of trade, which would be in conflict with s. 28 of the Contract Act - Plaintiff failed to show that they will suffer irreparable damage, and I am satisfied that they can still be adequately compensated in the event that their claim is allowed after trial - Plaintiff's application for an interlocutory injunction is hereby dismissed with cost.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (9)

Azmi Fadzly Maha & Sim Firm Bashaaruddin Iskandar Firm Ee Yen Chin & Co Firm Ahmad Fadzly Abdul Ghani Counsel Plaintiff Amorine Zubir Counsel Defendant Ee Yen Chin Counsel Defendant Mohamad Nasrom Rashid Counsel Defendant Mohd Iskandar Ismail Counsel Defendant Nur Shahiran Mohd Sani Counsel Defendant

Parties (8)

AZTEERING Sdn Bhd Defendant BYTEERING Sdn Bhd Defendant HILTI Sdn Bhd Plaintiff Chua Ying Kerk Defendant Marvin Kho Tzyy Yaw Defendant Sim Jong Ing Defendant Tham Kuan Jian Defendant Vincent Eng Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (6)

UK (2)

[1975] AC 369 [1975] AC 396

MY (4)

[1982] CLJ 350 [1995] 1 CLJ 293 [1995] 1 CLJ 461 [2008] 6 MLJ 391

Judgment

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Source: eJudgment (ba-22ncvc-281-07-2024)