Heap Lee Chan Trading Company Sdn Bhd v 1. ) Ng Chiang Chong 2. ) Ng Soo Wei 3. ) Ng Soo Loon 4. ) Heap Lean Chan International Trading Sdn Bhd

pa-22ncvc-165-10-2023 High Court (Mahkamah Tinggi) 25 March 2025 • PA-22NCvC-165-10/2023

Catchwords

Dispute between brothers pertaining to the family company – Plaintiff sues the defendants for breach of fiduciary duty, knowing receipt of confidential information and passing off – Whether the 1st defendant breached his fiduciary duty while he was a director of the plaintiff – Whether he misappropriated the plaintiff’s information regarding its supplier’s name, contact and preferential rate and the customers’ list – Whether such information amounts to confidential information – Whether such information came from within the general fund of the 1st defendant’s own knowledge accumulated in the business over the years – Whether the confidential information is sufficiently pleaded - Whether the 1st defendant induced the plaintiff’s employees to leave their employment with the plaintiff to work for the 2nd defendant – Whether the 2nd defendant is prohibited from engaging in a competing business – Whether the 3rd defendant caused the 4th defendant to pass off its business as the plaintiff’s business – Whether the plaintiff has proven damages in terms of loss of business profit.

Judges (1)

Quay Chew Soon Delivered

Parties (5)

HEAP LEE CHAN TRADING COMPANY Sdn Bhd Plaintiff Heap Lean Chan International Trading Sdn Bhd Defendant Ng Chiang Chong Defendant Ng Soo Loon Defendant Ng Soo Wei Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-22ncvc-165-10-2023)