JUDGMENT

Anand Ponnudurai J:

Introduction

[1] It is not unusual for employment contracts to contain terms and conditions relating to maintaining confidentiality, conflict of interest etc and such terms may be applicable during employment and even once the employment relationship ceases. Hence, employees should be wary of their conduct at all material times during and post-employment so as to avoid any possible claim by the employer thereafter. If and when allegations arise that there has been a breach of those obligations, an employer will generally not hesitate to take action against such employee. This is one such case.

[2] The Plaintiffs have commenced these present proceedings against the 1st Defendant (D1), [a former employee of the 1st Plaintiff (P1)] and the 2nd Defendant (D2) (a company owned by D1) based on multiple causes of action ie breach of employment contract by D1 for setting up one Propac Asia Enterprise (hereinafter referred to as "Propac") and D2 which both shared businesses of a similar nature with P1; breach of duty of confidentiality (contractual and equitable) by D1 for the alleged misappropriation and misuse of P1's confidential information; breach of fiduciary