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2021 MarsdenLR 1373

HIGH COURT MALAYA KUALA LUMPUR
ACE CAPITAL GROWTH SDN BHD – Appellant
Versus
KUA KEE KOON & ORS (ENCL 3) – Respondent


Petitioner Advocates:David Cheong ,Respondent Advocate: Yeoh Tze Hwa,Tay Shieh Chin,Tan Zi Kang

JUDGMENT

Anand Ponnudurai JC:

(Enclosure 3 - Injunction)

Introduction

[1] The Plaintiff commenced this action against 6 Defendants. The 1st Defendant ("D1") was a former employee and Director who had subsequently incorporated the 2nd Defendant ("D2") which the Plaintiff pleads is in competition with it and that D1 had breached his fiduciary duties by attempting to solicit its customers as well as inducing the Plaintiff's sales team to resign and join D2.

[2] Whilst D1 was the majority shareholder and a Director of D2, it is pleaded that the 3rd- 4th, 5th and 6th Defendants ("D3, D4, D5 and D6") are the other shareholders of D2 with D3 being the only other Director of D2 besides D1.

[3] Simultaneously with the filing of its Writ and Statement of Claim, the Plaintiff had filed an application in encl 3 seeking the following injunctive relief:

"1. an injunction to restrain the 1st to 6th Defendants whether acting by themselves, their directors, officers, servants or agents or any of them or otherwise howsoever:- as regards confidential information of a confidential, trade secret and/or proprietary character and developed by the Plaintiff, either alone or with others and pertaining to the Plai


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