Gunn Chit Tuan SCJ:

After filing its record of appeal on 23 November 1990, William Jacks & Co. (M) Sdn. Bhd. (the appellant) filed a notice of motion dated 8 January 1991, to move the Court pursuant to s. 69(1) of the Courts of Judicature Act 1964, read with r. 51 of the Rules of the Supreme Court 1980, for an order that:

(i) The appellant, as applicant, be granted leave to insert a copy of the sealed order dated 9 October 1990, into the record of appeal filed on 23 November 1990; and

(ii) the appellant, as applicant, be granted leave to admit by affidavit the appellant's board resolution dated 18 May 1990, as further evidence.

The appellant had on 29 May 1990, instituted an action through M/s. Paul Chong & Kraal against Chemquip (M) Sdn. Bhd. and one Amy Yew Sze Kiat @ Eew Sze Chieh (f) (the respondents) for inter alia breach of a service contract and of fiduciary duty owed to the appellant. The relief claimed was substantially to restrain the respondents from exploiting confidential information with regard to certain equipment supply contracts for their own benefit and gain. On 30 May 1990, the appellant obtained an interlocutory injunction to restrain the respondents f