HOMECROWD SDN BHD v Kevin Chew Tze Kenn

wa-12bcy-1-05-2024 High Court (Mahkamah Tinggi) 2 March 2025 • WA-12BCY-1-05/2024 • 34 min read

27 cases cited (0 SG, 27 foreign)

Catchwords

[1] The Appellant/Plaintiff appeals against the decision of the Sessions Court that dismissed the Appellant’s claim against the Respondent/Defendant for breach of Engagement of Consultancy Agreement (Consultancy Agreement). This Court allows the appeal and the reasons are as deliberated. For ease of reference, the parties will be referred as they were, in the Sessions Court. [2] It is trite law that the Plaintiff must prove its case as provided under section 101 of the Evidence Act. In this regard, once the Plaintiff had adduced prima facie evidence of a breach of confidential information, the evidential burden shifted to the Defendant to rebut and refute. [3] Therefore, the Plaintiff must prove that the information is a confidential information, and that the Defendant had breached his Consultancy Agreement, and that the Defendant owed a fiduciary duty to the Plaintiff but had breached that duty while he was employed by the Plaintiff. [4] the breach of his fiduciary obligations includes failing to complete key platform features and not properly handing over work after termination. Based on the above deliberations, the appeal is allowed with costs.

Judges (1)

Suzana binti Muhamad Said Delivered

Counsel (5)

Gary Lee & Partners Firm Teh & Soong Firm Cheong Chun Hui Counsel Appellant Danny Soong Counsel Respondent Tham Keng Yin Counsel Appellant

Parties (2)

HOMECROWD Sdn Bhd Appellant Kevin Chew Tze Kenn Respondent

Case Significance

HOMECROWD SDN BHD v Kevin Chew Tze Kenn is a High Court (Mahkamah Tinggi) decision dated March 2, 2025 (citation: wa-12bcy-1-05-2024). The case was decided by Suzana binti Muhamad Said.

What was the outcome of HOMECROWD SDN BHD v Kevin Chew Tze Kenn?

HOMECROWD SDN BHD v Kevin Chew Tze Kenn is a High Court decision dated March 2, 2025. The case was heard by Suzana binti Muhamad Said. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

s 74

Evidence Act

s 101

Cases Cited (27)

UK (1)

[1998] Ch 1

MY (26)

[1965] 1 MLRH 231 [1966] 1 MLJ 172 [1968] 1 MLJ 39 [1994] 3 MLJ 777 [1995] 1 CLJ 15 [1997] 5 MLJ 632 [1998] 1 CLJ 685 [2008] 2 MLRH 339 [2008] 4 CLJ 217 [2008] 5 MLJ 157 [2008] 5 MLJ 469 [2008] 7 MLJ 903 [2008] 8 CLJ 386 [2009] 7 MLJ 660 [2014] 3 MLJ 691 [2016] 3 AMR 725 [2016] 3 MLJ 417 [2016] 6 CLJ 176 [2016] 7 CLJ 380 [2019] 2 MLJ 379 [2019] 6 CLJ 516 [2019] MLJU 2003 [2021] 7 CLJ 104 [2022] MLJU 2370 [2023] 4 MLJ 792 [2023] 7 CLJ 534

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bcy-1-05-2024)